Patna High Court
Anil Yadav @ Anil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to monetary sureties and conditions of appearance.
Summary
The petitioner, Anil Yadav, was arrested in connection with a murder case (Gogri P.S. Case No. 364 of 2023) involving alleged firing on the informant's son, resulting in death, and was also charged under the Arms Act. The prosecution alleges he participated in the offence, while the petitioner contends he was only a conspirator, not the actual assailant, and was falsely implicated. He has been in custody since 11‑11‑2025 and has one prior criminal antecedent. The petitioner’s counsel highlighted that a co‑accused, Santosh Yadav, who was apprehended, named the petitioner as a conspirator, and another co‑accused had previously been granted bail on the basis of parity. The State opposed bail, but the Court, considering the custody period, the petitioner’s alleged role, and the precedent of bail to a similarly situated co‑accused, decided to grant bail with monetary and personal surety conditions and a requirement to appear at every trial date.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences (murder, conspiracy, and arms offences).
- Whether the petitioner’s alleged role as only a conspirator, and not the principal offender, justifies bail.
- Whether parity with a co‑accused who was previously released on bail warrants granting bail to the petitioner.
Legislation cited
- Arms Act — s. 25(1-B)a, 26(1), 27(1), 35
- Indian Penal Code — s. 120(B), 302
Subjects
- bail
- murder
- conspiracy
- arms act
- false implication
- parity
- criminal antecedent
- Indian Penal Code
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2137 of 2026
Arising Out of PS. Case No.-364 Year-2023 Thana- GOGRI District- Khagaria
======================================================
Anil Yadav @ Anil Kumar Yadav S/o Late Nageshwar Prasad Yadav Resident
of village- Usari, P.S.- Gogri, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Sinha, Advocate
Mr. Chandan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard Mr. Rajesh Sinha, learned counsel for the petitioner
and Mr. Nityanand Tiwari, learned APP for the State.
2. The petitioner seeks bail in connection with Gogri
P.S. Case No. 364 of 2023 instituted for the offence under
Sections 302 & 120(B) of the Indian Penal Code and Sections
25(1-B)a, 26(1), 35 & 27(1) of the Arms Act.
3. As per prosecution case, the allegation against the
accused persons including the petitioner is of firing upon the
elder son of the informant due to which the deceased sustained
gunshot injury on his left chest and he died at the spot. It is
alleged after firing, two of the accused persons managed to flee
away from the place of occurrence but, one of them namely
Santosh Yadav was apprehended and assaulted by the mob and
Patna High Court CR. MISC. No.2137 of 2026(2) dt.17-01-2026
2/3
was handed over to the police.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 11.11.2025. Petitioner
bears one criminal antecedent.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that though
petitioner is named in the FIR, but he is not said to be the
assailant. It is next submitted that as per the FIR, one co-
accused, Santosh Yadav, was apprehended at the spot, who
disclosed the name of the petitioner and others being involved in
the commission of the alleged occurrence as conspirators and
according to the FIR, petitioner’s role in the offence was only as
that of a conspirator. Charge sheet has already been submitted in
this case. Other similarly situated co-accused person has been
enlarged on bail by a Co-ordinate Bench of this Court vide order
dated 26-07-2024, passed in Cr. Misc. No. 33832 of 2024.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, and claim based
on parity, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.2137 of 2026(2) dt.17-01-2026
3/3
8. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand) with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection
with Gogri P.S. Case No. 364 of 2023, subject to the
following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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