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Patna High Court

Basant YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to bail and ordered their release on regular bail.

Summary

The petitioners, Rajesh Yadav and Basant Yadav, were arrested in connection with a murder case (PS No.122 of 2024) alleging that they, along with other accused, fired at the informant's younger brother, resulting in death. The FIR specifically attributes the firing to co‑accused Deepak Yadav, while the petitioners claim they have been falsely implicated and have no prior criminal record. They have been in custody since 25‑12‑2025 and seek regular bail, undertaking to cooperate with the investigation. The State opposed the bail, but the Court noted that the specific charge of firing does not fall on the petitioners and that they have been detained for a considerable period. Consequently, the Court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether the petitioners, charged under IPC sections 302, 341, 323, 120B, 34 and Arms Act section 27, are entitled to regular bail.
  • Whether the FIR specifically implicates the petitioners in the act of firing, justifying denial of bail.

Legislation cited

Subjects

  • regular bail
  • false implication
  • murder
  • IPC
  • Arms Act
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.23887 of 2026
                     Arising Out of PS. Case No.-122 Year-2024 Thana- NAUHATTA District- Saharsa
                 ======================================================
                 Rajesh Yadav @ Raje Yadava Son of Maheshwar Yadav Resident of Village-
                 Pursotampur, Dumra, P.S.- Nauhatta, District- Saharsa (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 23953 of 2026
                     Arising Out of PS. Case No.-122 Year-2024 Thana- NAUHATTA District- Saharsa
                 ======================================================
                 Basant Yadav Son of Kameshwar Yadav R/O Village- Dumra Punarvas, P.S.-
                 Nauhatta, District- Saharsa (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 23887 of 2026)
                 For the Petitioner/s     : Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s : Mr. Amitesh Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 23953 of 2026)
                 For the Petitioner/s     : Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s : Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   16-04-2026                     1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Nauhatta P.S. Case

                   no.122 of 2024 registered under sections 302, 341, 323, 120B

                   and 34 of the Indian Penal Code and section 27 of the Arms Act.

                                   3. As per the prosecution case, the informant states
Patna High Court CR. MISC. No.23887 of 2026(2) dt.16-04-2026
                                            2/3




          that the nine named accused persons including the two

          petitioners herein came and called the informant’s younger

          brother outside. It is further stated that on the orders of Vikash

          Yadav, Deepak Yadav fired at the younger brother of the

          informant with a pistol causing firearm injury in his chest as a

          result of which he died.

                            4. Learned counsel for the petitioners submits that

          the petitioners have been falsely implicated in the case. The

          allegations are general and omnibus against them. The specific

          allegation of firing is on co-accused Deepak Yadav and not the

          petitioners herein. The petitioners are in custody since

          25.12.2025 and Rajesh Yadav has no criminal antecedent. Both

          of them undertake to cooperate in the investigation/trial. A

          number of other co-accused have been enlarged on bail.

                      5. The application for bail is opposed by learned A.P.P.

          for the State.

                           6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR according to

          which the specific allegation of firing is solely on Deepak Yadav

          and not the petitioners herein together with the petitioners

          having remained in custody since 25.12.2025 and chargesheet

          having been submitted in the case, the Court directs both the
            Patna High Court CR. MISC. No.23887 of 2026(2) dt.16-04-2026
                                                        3/3




                      petitioners to be enlarged on bail in connection with Nauhatta

                      P.S. Case no.122 of 2024 on each of them furnishing bail bond

                      of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Judicial

                      Magistrate 1st Class, Saharsa.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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