Patna High Court
Ambika YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail subject to a bond of Rs.10,000 with two sureties and specified conditions.
Summary
Ambika Yadav was arrested on 19 December 2025 in connection with a case alleging an attempt to murder an informant's brother by slashing his throat, under Sections 126(2), 115(2), 117(2), 109 and 3(5) of the B.N.S. The petitioner claimed a clean antecedent, that he was not named in the FIR and was falsely implicated, and that the co‑accused had a financial motive for the assault. The State opposed bail, while counsel for the petitioner argued that the allegations did not justify continued detention. The Court considered the seriousness of the charges, the petitioner’s alleged lack of prior record, and the circumstances of the accusation, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial, appearance in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the claim of false implication and absence of the petitioner’s name in the FIR affect the bail decision.
- Whether the co‑accused’s alleged financial motive influences the grant of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 3(5)
Subjects
- bail
- attempted murder
- false implication
- criminal antecedent
- bond conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20452 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- BARHAT District- Jamui
======================================================
Ambika Yadav Son of Masudan Yadav @ Madhusudan Yadav Resident of
Village- Jorwaha Dharampur, P.S.- Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mala Sinha, Advocate
For the State : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Ms. Mala Sinha, learned counsel for the
petitioner and Mr. Murli Dhar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
19.12.2025, in connection with Barhat P.S. Case No. 177 of
2025, F.I.R. dated 13.12.2025 registered for the offences
punishable under Sections 126(2), 115(2), 117(2), 109, 3(5) of
the B.N.S.
3. Allegation against the petitioner is that he along
with others attempted to kill the informant’s brother by slitting
his throat from knife.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. She further submits that the
petitioner is not named in the F.I.R. and the name of the
Patna High Court CR. MISC. No.20452 of 2026(2) dt.26-03-2026
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petitioner has been transpired during investigation on the basis
of restatement of the informant and his brother namely Tripurari
Rawat. Learned counsel for the petitioner further submits that it
has come during investigation that co-accused Ram Yadav has
taken Rs. 4,00,000/- (Four Lakh) loan from the injured person,
namely, Vinod Yadav and he has refused to pay the same and for
this reason, co-accused person has assaulted to the brother of the
informant and petitioner was present at the place of occurrence.
The petitioner is in custody since 19.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Jamui in connection with
Barhat P.S. Case No. 177 of 2025, subject to the following
conditions :-
(1) Petitioner 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
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Ibrar//-
U T
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