Patna High Court
Kailoo Yadav @ Kailu Yadav @ Ramesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Kailoo Yadav was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences of assault and other serious crimes. He applied for regular bail, claiming innocence and citing only one prior criminal case from 2006. The State opposed the bail, but the court noted that co‑accused in a similar matter had been granted anticipatory bail by a coordinate bench. Considering the nature of the allegations, the length of custody, and the precedent, the court allowed the regular bail application subject to a cash bond and two sureties, with conditions regarding verification of antecedents and cooperation in trial. The order expressly limited its observations to the bail application and stated they should not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the prior criminal antecedent and the grant of anticipatory bail to co‑accused influence the bail decision.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 326(f), 329(4), 3(5), 351(2), 351(3), 352, 74
Subjects
- regular bail
- anticipatory bail
- Bharatiya Nyaya Sanhita
- criminal antecedent
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26153 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- MANSI District- Khagaria
======================================================
Kailoo Yadav @ Kailu Yadav @ Ramesh Yadav S/o Domi Yadav Resident of
Village- Dhamhara, P.S.- Mansi, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Mansi P.S. Case No. 81 of 2025 registered for the offence under
Section(s) 115(2), 126(2), 326(f), 352, 351(2), 351(3), 303(2),
74, 329(4), 110 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have assaulted the victim on his thumb.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is in custody since
20.02.2026 and has only one criminal antecedent, namely Mansi
P.S. Case No. 76 of 2006. It is also submitted that similarly
situated co-accused persons have been granted anticipatory bail
Patna High Court CR. MISC. No.26153 of 2026(2) dt.22-04-2026
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by a co-ordinate Bench of this Court in Cr. Misc. No. 65342 of
2025 dated 25.11.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Having considered the rival submissions of the
parties, the nature of allegation, the period of custody of the
petitioner and the fact that co-accused persons have already
been granted anticipatory bail by a co-ordinate Bench of this
Court, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Mansi P.S. Case
No. 81 of 2025 subject to conditions that:-
(i). Before accepting the bail
bonds of the petitioner, the court below shall
verify the petitioner’s criminal antecedents.
If it is found that the petitioner has any
criminal antecedents other than Mansi P.S.
Case No. 76 of 2006, the bail bonds shall not
be accepted. However, if the petitioner is
found to have only one criminal antecedent,
namely Mansi P.S. Case No. 76 of 2006, the
bail bonds shall be accepted by the court
below.
(ii) The petitioner shall appear in
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the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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