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Patna High Court

Laltu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Regular bail was granted to the petitioner pending framing of charge, subject to a bond and sureties.

Summary

The petitioner, Laltu Yadav, was arrested in connection with a murder case (PS 115 of 2022) involving offences under Sections 302, 201, 120(B), 34 of the IPC and Section 27(3) of the Arms Act. He claimed that his name was added to the FIR a year later based on the confessional statements of co‑accused Naresh Yadav and Nitish Kumar, and that he had been in custody since 23 January 2025. The petitioner sought regular bail, citing that co‑accused Nitish Kumar had already been granted bail in a related matter (Cr. Misc. No. 5886 of 2024). The State opposed the bail application. The Court, after considering the circumstances and the fact that the charge had not yet been framed, allowed the bail application subject to a bond of Rs. 10,000 with two sureties and conditions of cooperation in trial. The petitioner was ordered to be released on bail pending framing of charge.

Issues considered

  • Whether regular bail can be granted to an accused in a case involving murder, conspiracy, and arms offences pending framing of charge.

Legislation cited

Subjects

  • regular bail
  • murder
  • conspiracy
  • arms act
  • IPC
  • bail bond
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23513 of 2026
                      Arising Out of PS. Case No.-115 Year-2022 Thana- PASRAHA District- Khagaria
                 ======================================================
                 Laltu Yadav S/o Late Bhudan Yadav Resident of Village- Baraitha, P.S.-
                 Gogri, District- Khagaria, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :       Ms.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks regular bail in a case

                   registered for the offence under Sections 302, 201, 120(B), 34 of

                   the Indian Penal Code and later on 27(3) of the Arms Act.

                                   3. As per the prosecution case, unknown criminals

                   killed the deceased.

                                   4. Learned counsel for the petitioner submits that

                   the name of the petitioner has come in the case after one year on

                   the confessional statement of co-accused namely Naresh Yadav

                   and Nitish Kumar. The petitioner is in custody since 23.01.2025.

                   He further submits that co-accused Nitish Kumar has been

                   granted bail by a co-ordinate Bench of this Court in Cr. Misc.

                   No. 5886 of 2024 dated 09.02.2024.
              Patna High Court CR. MISC. No.23513 of 2026(2) dt.01-05-2026
                                                          2/2




                                        5. Learned A.P.P. has vehemently opposed the

                        prayer for bail.

                                        6.     Considering         the       aforesaid   facts   and

                        circumstances, this application for regular bail is allowed.

                                        7. Let the petitioner, above named, be released on

                        bail after framing of charge if the charge has not already been

                        framed on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned District and Additional Sessions Judge-VII,

                        Khagaria/concerned Court below in connection with Pasraha

                        P.S. Case No. 115 of 2022 subject to condition that:-

                                                        7(i) The petitioner shall co-operate in
                                        the trial and shall be properly represented on each
                                        and every date fixed by the Court and on absence
                                        on two consecutive dates without sufficient reason,
                                        the bail bond shall be cancelled by the Court
                                        below.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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