Patna High Court
Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Ajay Yadav and Sanjay Yadav, accused in FIR No. 246 of 2025 for offences under Sections 103 and 3(5) of the BNS, 2023, sought bail after being in custody since 8 January 2026. The prosecution alleged that the accused, armed with deadly weapons, brutally assaulted the informant's father, causing his death. The petitioners contended they have a clean antecedent, are falsely implicated, and that the specific assault allegations pertain only to co‑accused Kundan Kumar and Nandan Kumar, citing pending land‑dispute litigation and prior bail granted to other co‑accused. The court noted the absence of a specific allegation against the petitioners and their clean record, and consequently ordered their release on bail with a bond of Rs.10,000 each and several conditions. The bail order also directed verification of any concealed criminal antecedent and stipulated cancellation of bail for non‑cooperation or tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioners under Sections 103 and 3(5) of the BNS, 2023 in view of the allegations and their custody status.
Legislation cited
- BNS, 2023 — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- Section 103 BNS 2023
- Section 3(5) BNS 2023
- clean antecedent
- co‑accused
- land dispute
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19182 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
1. Ajay Yadav S/o Sukhdev Yadav R/o vill - Hasanganj, P.S- Pakaraibarawan,
Distt.- Nawada
2. Sanjay Yadav S/o Sukhdev Yadav R/o vill - Hasanganj, P.S- Pakaraibarawan,
Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
Mr. Mayank Raj, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
For the Informant : Mr. Sikandar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Arun Kumar, learned counsel for the
petitioners, Mr. Sikandar, learned counsel for the informant and
Mr. Kumar Veerendra Narayan, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
08.01.2026 in connection with Pakaribrawn P.S. Case No. 246
of 2025, F.I.R. dated 23.06.2025 for the offences punishable
under Sections 103 and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including these petitioners armed with deadly weapons
have brutally assaulted the informant's father resulting into his
death.
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4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Although the petitioners are
named in the FIR but there is no specific allegation of assault
against these petitioners rather the specific allegation of assault
is against the co-accused persons Kundan Kumar and Nandan
Kumar and due to previous admitted land dispute the present
occurrence has taken place. He further submits that one Partition
Suit No. 113 of 2024 is going on between the parties. He further
submits that the police after investigation submitted the charge
sheet against the petitioners. He further submits that similarly
situated, co-accused, namely, Nandan Kumar @ Sukesh Kumar
against whom there is specific allegation of assault has been
granted bail by this Court vide order dated 19.01.2026 passed in
Cr. Misc. No. 84805 of 2025 and another co-accused, namely,
Saryug Yadav has also been granted bail by a Co-ordinate
Bench of this Court vide order dated 23.02.2026 passed in Cr.
Misc. No. 85179 of 2025. The petitioners are in custody since
08.01.2026.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioners and submits that the petitioners
Patna High Court CR. MISC. No.19182 of 2026(2) dt.22-04-2026
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have participated in the present crime in question but fairly
submits that the specific allegation of assault is against the co-
accused persons Kundan Kumar and Nandan Kumar.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
allegation against these petitioners and co-accused against
whom there is specific allegation of assault has been granted
bail by this Court, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned District & Additional Sessions Judge-3, Nawada
in connection with Pakaribrawn P.S. Case No. 246 of 2025,
subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
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verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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