Patna High Court
Ghanshyam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
Ghanshyam Yadav was arrested in connection with a mob assault on an informant and his family, alleged under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that Yadav, along with 13 others, entered the informant's house armed and assaulted the victims, also seizing cash and ornaments. Yadav's counsel argued that he has a clean antecedent and that the FIR does not attribute any specific overt act to him, only to other co‑accused. The Additional Public Prosecutor opposed bail. The court, noting the absence of a specific overt act against Yadav and his clean record, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in the absence of a specific overt act attributed to him under the listed sections of the Bhartiya Nyaya Sanhita, 2023
- Whether the accused's clean antecedent warrants bail despite participation in an alleged unlawful assembly
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352
Subjects
- bail
- criminal procedure
- unlawful assembly
- mob assault
- clean antecedent
- Bhartiya Nyaya Sanhita
- sections
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27275 of 2026
Arising Out of PS. Case No.-547 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Ghanshyam Yadav S/o Agnidev Yadav R/o Village - Chakla, PS - Baheri,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Yadav
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr. Ranjit Kumar Yadav, learned counsel for
the petitioner and Mr. Jai Narain Thakur, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
11-02.2026 in connection with Baheri P.S. Case No. 547 of
2025, for the offences punishable under Sections 191(2), 190,
126(2), 115(2), 117(2), 118(1), 109(1), 329(4), 303(2), 351(2),
352 of Bhartiya Nyaya Sanhita, 2023.
3. According to prosecution case, while the
informant was inside the house, the petitioner along with 13
others having armed with deadly weapons, entered the premises
and assaulted the informant with sword and iron rod. While the
family members of the came to rescue, they were also assaulted.
Rs. 1,00,000/- cash and ornaments of the informant's side are
Patna High Court CR. MISC. No.27275 of 2026(2) dt.21-04-2026
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also said to have been snatched away in the occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is a person of clean antecedent. From perusal of the
FIR, it appears that though the petitioner is named in the FIR
but no specific overt act is attributed to him. The specific
allegation of overt act is against the co-accused Mithilesh Yadav,
Hukumdeo Yadav and Babu Saheb. The petitioner is merely a
member of the mob of unlawful assembly and the petitioner is
in custody since 11-02-2026.
5. Learned APP for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the fact that there is no specific overt
act against the petitioner and he is a person of clean antecedent,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-VII, Darbhanga in connection with
Baheri P.S. Case No. 547 of 2025, with the following
conditions:
i. The petitioner 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
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court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
A.K.V.//-
U T
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