Patna High Court
Basant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 323, 34, 341
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
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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
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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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