Patna High Court
Arvind Yadav @ Arvind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and the conditions imposed by the Court.
Summary
Arvind Yadav was arrested on 23 September 2025 in connection with a case involving alleged assault on an informant and firing in the air, charged under several sections of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed a clean antecedent and argued that the FIR did not specifically allege any assault or overt act of firing by him. The prosecution opposed bail, while the petitioner’s counsel highlighted that a co‑accused, Murari Kumar, had already been granted bail. The Court noted the absence of specific allegations against the petitioner, his clean record, and the precedent of bail to the co‑accused, and therefore ordered his release on bail with a bond of Rs.10,000 and several conditions. The bail order includes requirements to cooperate with the trial, avoid tampering with evidence or witnesses, and disclose any concealed criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyay Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 126(2), 308(3), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Arms Act
- clean antecedent
- co-accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22590 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Arvind Yadav @ Arvind Kumar Yadav Son of Late Yogendra Yadav @ Late
Yogindar Yadav Resident of village-Navtoliya PS -Kamtaul District
-Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Baidyanath Prasad, learned counsel for
the petitioner as well as Mr. Ramesh Chandra, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.09.2025 in connection with Kamtaul P.S. Case No. 208 of
2025, F.I.R. dated 22.09.2025 for the offences punishable under
Sections 126(2), 308(3), 109(1), 352, 351(2), 3(5) of the
Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. Allegation against the petitioner is that he tried to
assault the informant on instruction of one Santosh Kumar.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the petitioner is not
Patna High Court CR. MISC. No.22590 of 2026(2) dt.07-04-2026
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named in the FIR but from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act of firing
against him. The allegation against the petitioner is that he along
with other co-accused persons opened fire in the air and
petitioner was apprehended at the place of occurrence and
similarly situated co-accused person, namely, Murari Kumar @
Murari Yadav has been granted the privilege of bail by the co-
ordinate Bench of this Court vide order dated 01.04.2026 in Cr.
Misc. No. 13169 of 2026. He further submits that the police
after investigation submitted charge sheet against the petitioner
and the petitioner is in custody since 23.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act of firing against him and
similarly situated co-accused person has been granted the
privilege of bail by the co-ordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Darbhanga in connection with Kamtaul P.S. Case No. 208 of
Patna High Court CR. MISC. No.22590 of 2026(2) dt.07-04-2026
3/3
2025, subject to the following conditions:-
i. 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
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/-
U T
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