Patna High Court
Laltu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27(3)
- Indian Penal Code — s. 120(B), 201, 302, 34
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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