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Patna High Court

Sujeet YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.2167 of 2026(2) dt.21-01-2026
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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
           Patna High Court CR. MISC. No.2167 of 2026(2) dt.21-01-2026
                                                       3/3




                     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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