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Patna High Court

Ambika YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
               Patna High Court CR. MISC. No.20452 of 2026(2) dt.26-03-2026
                                                           3/3




                         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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