Patna High Court
Sujeet YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a bail bond of Rs.15,000 and two sureties of equal amount, with conditions of appearance.
Summary
The petitioner, Sujeet Yadav, was arrested in connection with a violent incident in which a mob allegedly assaulted a minor, fired a pistol injuring his leg, and stole cash and a gold chain. The FIR is broad and does not specifically allege any act by the petitioner, who claims he was merely a member of the mob and that the case stems from a land dispute. The petitioner, who has two prior criminal records, has been in custody since 18 November 2025 and seeks bail. The State opposed the bail, arguing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. The Court, noting the lack of specific allegations against the petitioner, the circumstances of his custody, and the nature of his alleged involvement, decided to grant bail subject to monetary sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the lack of specific allegations against him
- Whether the petitioner’s prior criminal antecedents preclude bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- firearm injury
- robbery
- land dispute
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2167 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- HARINMAR District- Munger
======================================================
Sujeet Yadav Son of Om Yadav Resident of Village- Goraiya Bathan, P.S.-
Gogari Jamalpur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Harinmar P.S. Case No. 26 of 2025 instituted for the offence
under Sections 191(2), 191(3), 190, 109, 303(2), 115(2), 352 &
351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on
30.06.2025, while the informant’s minor son was ploughing his
field with tractor, the accused persons, armed with firearms,
forcibly stopped him, abused and assaulted him and on the order
of co-accused, namely, Kshatri Yadav, co-accused, Vikash
Yadav fired a pistol causing firearm injury to the victim’s leg. It
is also alleged that during the assault, cash of Rs. 3,500/- and a
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gold chain were also snatched.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 18.11.2025. Petitioner
bears two criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation against the petitioner, rather the same is
general and omnibus in nature. It is next submitted that even if
the allegation is taken on its face value, petitioner was at best
the member of the mob. Nothing has been recovered from the
conscious possession of the petitioner. There is subsisting land
dispute between the parties.
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, there being no
specific allegation against the petitioner and manner of
petitioner’s implication, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
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bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Harinmar P.S. Case
No. 26 of 2025, 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)
Raj Kishore/-
U T
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