Patna High Court
Mallik Yadav @ Shubham @ Shubham YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to bail, subject to the conditions imposed by the court.
Summary
The petitioners, Mallik Yadav and Bittu Yadav, were arrested on 11 September 2025 in connection with a case involving alleged assault with weapons under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners, along with co‑accused, attacked the father‑in‑law of an informant, but the charge sheet did not specifically name the petitioners for the assaults, which were attributed to other accused. The petitioners argued they were falsely implicated and sought bail, while the State opposed on the ground of their prior criminal antecedent. The court observed the absence of specific allegations against the petitioners and noted that a co‑accused had already been granted bail. Consequently, the court granted bail to the petitioners on a bond of Rs 10,000 each with two sureties, imposing conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was issued without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioners in the absence of specific allegations against them.
- Whether the petitioners' prior criminal antecedent warrants denial of bail.
- Whether the conditions imposed are sufficient under the Bharatiya Nyay Sanhita, 2023.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(2), 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal antecedent
- assault
- Bharatiya Nyay Sanhita
- co‑accused
- conditions of bail
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25478 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- BARARI District- Katihar
======================================================
1. Mallik Yadav @ Shubham @ Shubham Yadav S/o- Tulsi Yadav @ Tulsi
Yade R/v- Rounia, Ward no 3, PS- Barari, Distt- Katihar
2. Bittu Yadav S/o- Tulsi Yadav R/v- Rounia, Ward no 3, PS- Barari, Distt-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel
for the petitioners as well as Mr. Manoj Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
11.09.2025 in connection with Barari P.S. Case No. 283/2025,
F.I.R. dated 04.09.2025 for the offences punishable under
Sections 126(2), 115(2), 117(2), 118(1), 74, 352, 351(2) read
with Section 3(5) of the Bharatiya Nyay Sanhita, 2023 later on
Section 109 and 103(2) were added.
3. According to prosecution case, the petitioners along
with others being armed with weapon assaulted the father-in-
law of the informant. On the instigation of the co-accused, Tulsi
Patna High Court CR. MISC. No.25478 of 2026(2) dt.16-04-2026
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Yadav, the co-accused persons, namely, Suman Yadav, Pradip
Yadav and Dilip Yadav assaulted Sibu Yadav. When Suresh
Yadav came to rescue, the co-accused, Suman Yadav, Suresh
Ydav and Pradip Yadav assaulted him with spade.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. Learned counsel for the petitioner submits that
although the petitioners are named in the FIR but there is no
specific allegation of assault against the petitioners. The specific
allegation of assault against Shibu Yadav and Suresh Yadav is
attributed against the co-accused persons, namely, Tulsi Yadav,
Suman Yadav, Pradip Yadav and Dilip Yadav. The co-accused
person, namely, Naina Devi @ Sunaina Devi has been granted
bail by the Co-ordinate Bench of this Court vide order dated
07.04.2026 passed in Criminal Miscellaneous No. 22921 of
2026. He further submits that the police after investigation
submitted the charge sheet against the petitioners and the
petitioners are in custody since 11.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioners carries one criminal antecedent.
6. Considering the aforesaid facts and circumstances,
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there is no specific allegation against the petitioners and the co-
accused person has been granted bail by the Co-ordinate Bench
of this Court, let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court of C.J.M., Katihar in connection with
Barari P.S. Case No. 283/2025, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bonds of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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