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Patna High Court

Indra Dev YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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
Patna High Court CR. MISC. No.22865 of 2026(2) dt.08-04-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.22865 of 2026(2) dt.08-04-2026
                                                           4/4




                         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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