Patna High Court
Prince Yadav @ Prince Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioner subject to a cash bond, sureties and a set of conditions.
Summary
Prince Yadav was arrested in connection with a case involving alleged firing that injured two persons, and is charged under IPC sections 307, 326 and 34 as well as section 27 of the Arms Act. He has been in custody since 12 February 2025 and the charge sheet was framed on 17 February 2026. The petitioner applied for bail, submitting that he would appear diligently in trial if released. The State opposed bail, emphasizing the seriousness of the offences and the injury to the victim. The Court, taking note of the length of custody, the petitioner's undertaking to appear, and the need to balance liberty with the interests of justice, granted bail on a cash bond of Rs.10,000 with two sureties and imposed strict conditions regarding appearance, non‑interference with witnesses, and abstention from further offences. The bail order is subject to cancellation if the petitioner violates any condition.
Issues considered
- Whether bail should be granted to an accused charged with attempt to murder, grievous hurt by dangerous weapons and unlawful possession of arms, considering the seriousness of the offences and the period of pre‑trial detention.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 326, 34
Subjects
- bail
- Indian Penal Code
- Arms Act
- pre‑trial detention
- serious offences
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21582 of 2026
Arising Out of PS. Case No.-56 Year-2024 Thana- DHANKUND District- Banka
======================================================
Prince Yadav @ Prince Kumar Yadav S/o Pawan Yadav R/o Village-
Chakparasi Gautar, Thana- Rajaun, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 15-05-2026 Heard the parties.
2. The petitioner is in custody in connection with
Dhankund P.S. Case No. 56 of 2024 for the offence punishable
under sections 307, 326 and 34 of the Indian Penal Code and
section 27 of the Arms Act, lodged on 03.06.2024 by the
informant, Dayanand Singh.
3. As per the prosecution story, the informant alleged
that his son went to the place where a bridge was under
construction. In the meanwhile, the accused persons came,
altercation took place and thereafter allegation against this
petitioner is of opening fire which hit Pappu Mandal while
another bullet stuck in the informant's side. Thereafter, the name
of the accused including the petitioner who escaped has come.
This led to the FIR.
Patna High Court CR. MISC. No.21582 of 2026(3) dt.15-05-2026
2/3
4. Learned counsel for the petitioner submits that
though allegation is there, he has remained in custody since
12.02.2025 and charge has been framed on 17.02.2026, if
granted relief, shall be diligently appearing in trial.
5. Mr. Jitendra Kumar Singh, learned APP opposes
the prayer submitting that allegation is there against the
petitioner and the injured was treated at Jawaharlal Nehru
Medical College and Hospital.
6. Considering the submissions of the parties as also
his period of custody and an undertaking has been given that he
shall be diligently appearing in trial, in that background, this
Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned District and
Additional Sessions Judge-II, Banka, in connection with
Dhankund P.S. Case No. 56 of 2024 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
Patna High Court CR. MISC. No.21582 of 2026(3) dt.15-05-2026
3/3
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for next one year to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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