Patna High Court
Indra Dev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to all three petitioners on a bond of Rs.10,000 each, subject to specified conditions.
Summary
The petitioners, Indra Dev Yadav, Ram Pravesh Yadav and Vikash Yadav, were arrested on 1 February 2026 in connection with FIR No.339 of 2025 alleging offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 125, 303(2), 352 and 351(2) of the Bihar Negotiable Instruments Act, 2023. They sought bail, contending that the FIR contains a general allegation against all accused and a specific, minor injury allegation only against Vikash Yadav. The State opposed bail, highlighting the petitioners' pending criminal cases and prior bail history. The Court examined the nature of the allegations, the petitioners' criminal antecedents, and the principle that bail is a right unless the court is convinced of a risk to the trial. It ordered that each petitioner be released on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay.
Issues considered
- Whether bail should be granted to the petitioners despite multiple serious charges under the Bihar Negotiable Instruments Act, 2023.
- Whether the presence of prior pending cases and bail history justifies denial of bail.
- Whether the specific injury allegation against Vikash Yadav warrants denial of bail for all petitioners.
Subjects
- bail
- criminal procedure
- multiple offences
- prior criminal cases
- court conditions
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22865 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- HULASGANJ District- Jehanabad
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1. Indra Dev Yadav S/o Late Baudhu Yadav
2. Ram Pravesh Yadav S/o Late Baudhu Yadav
3. Vikash Yadav S/o Raj Bal Yadav @ Raj Balav Yadav
All Residents of village - Jagua Bigha, P.S - Hulasganj, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr.Anil Kumar, learned counsel for the
petitioners, learned counsel for the informant and Mr.Ram
Sevak Choudhary, learned A.P.P. for the State.
2. The petitioners seek bail, who are in custody since
01.02.2026 in connection with Hulasganj P.S.Case No.339 of
2025, F.I.R. dated 11.10.2025 registered for the offence
punishable under Section 191(2), 191(3), 190, 126(2), 115(2),
109(1), 125, 303(2), 352, 351(2) of BNS, 2023.
3. Specific allegation of assaulting with lathi and
danda is attributed against the petitioners on the informant and
others in which informant parties sustained injured.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.22865 of 2026(2) dt.08-04-2026
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submits that due to previous land dispute the present occurrence
had taken place and there is case and counter case. Although the
petitioners are named in the FIR but from a bare perusal of the
FIR it appears that the FIR is in two parts. In 1 st part, there is
general and omnibus allegation against all the accused persons
including the petitioners and in 2nd part, there is specific
allegation of assault attributed against petitioner No.3 Vikash
Yadav that he has assaulted to one Rinku Devi but the injury
report of Rinku Devi suggests hat the injury is simple in nature
caused by hard and blunt substance and the petitioners are in
custody since 01.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners and submits that petitioner No.1
carries three more cases, out of three more cases, he is on bail in
two cases and rest one case is pending for consideration before
the competent court of law, petitioner No.2 carries one more
case other than the present one and he is on bail in the said case
and petitioner No.3 carries two more cases other than the
present one, out of two cases, he is on bail in one case and rest
one case is pending for consideration before the competent court
of law, as mentioned in paragraph-3 of the bail petition.
6. Learned counsel for the petitioners further submits
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that all the aforesaid cases, as mentioned in paragraph-3 of the
bail petition, lodged by the present informant’s side against the
present petitioners.
7. Considering the aforesaid fact, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Jehanabad in connection with Hulasganj P.S.Case
No.339 of 2025, with the following conditions:-
(I) Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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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)
Nitesh/-
U T
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