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Patna High Court

Ashok YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Ashok Yadav was arrested in connection with the alleged murder of Madan Yadav, where he was said to have been armed with a pistol and part of a group assaulting the victim. The petitioner sought regular bail for offences under sections 126(2), 115, 103(1), 61, 354, 351(2), 3(5) of the BNS and sections 25(1‑ba), 26 and 27 of the Arms Act. Counsel argued that the FIR was omnibus, the petitioner had no motive, the victim had a criminal background, and several co‑accused had already been granted bail, while the petitioner had been in custody since February 2025. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences under the BNS and the Arms Act.

Legislation cited

  • Arms Act — s. 25(1‑ba), 26, 27
  • BNS — s. 103(1), 115, 126(2), 3(5), 351(2), 354, 61

Subjects

  • regular bail
  • criminal procedure
  • arms act
  • murder
  • assault
  • Bihar High Court
  • section 126
  • section 115
  • section 354
  • section 26

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25275 of 2026
                        Arising Out of PS. Case No.-156 Year-2024 Thana- Patarghat District- Saharsa
                 ======================================================
                 Ashok Yadav Son of Khushilal Yadav R/o Village - Uti Navtoliya, PS -
                 Patarghat District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Parth Sarthy, Advocate
                                                    Mr. Priya Raj, Advocate
                 For the Opposite Party/s :         Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2), 115,

                   103(1), 61, 354, 351(2) and 3(5) of BNS and Sections 25(1-b)a,

                   26 and 27 of the Arms Act.

                                 3. The case of the prosecution is that on 01.08.2025.

                   one Rakesh Yadav has called the husband of the informant,

                   namely, Madan Yadav from his house and subsequently, one

                   Ashok Yadav was overheard talking over phone that Madan

                   Yadav who has gone with Rakesh Yadav had to be shot dead.

                   After hearing this, the informant ran to look for her husband and

                   after going at some distance, she saw that the petitioner along
Patna High Court CR. MISC. No.25275 of 2026(2) dt.01-05-2026
                                            2/3




          with other six persons was armed with pistol and remaining

          accused persons were carrying sticks and lathi in their hands and

          they were beating the husband of the informant with intention to

          kill him.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          FIR, it is clear that in this case altogether, 24 persons are named

          in the FIR and the nature of allegation is general and omnibus. It

          has further been submitted that there is no intention/motive of

          the petitioner to kill the deceased as there was no enmity with

          him. It has also been submitted that there was a dispute within

          the family of the deceased with regard to land and the same

          could have been the reason for the death of the deceased. The

          deceased himself was a man of criminal antecedents and has

          taken 12 lakhs rupees for grabbing job from numerous persons

          and that may also be the reason for the alleged occurrence. It

          has further been submitted that similarly situated several co-

          accused persons have been granted bail by this court and other

          co-ordinate Benches of this court vide Cr. Misc. No. 15533 of

          2026 and 9870 of 2026 respectively. Moreover, the petitioner is

          languishing in judicial custody since 07.02.2025.
            Patna High Court CR. MISC. No.25275 of 2026(2) dt.01-05-2026
                                                        3/3




                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Patarghat P.S. Case No. 156 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-II, Saharsa.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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