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Patna High Court

Jawahar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

The Patna High Court considered the application of Jawahar Yadav for regular bail in a case registered in 2014 under IPC sections 384 (extortion), 386 (punishment for extortion), 34 (common intention) and Section 17 of the Criminal Law Amendment Act. The petitioner was alleged to have, along with Naxalite co‑accused, demanded money from a construction contractor, threatened him with a pamphlet, and set fire to the contractor’s JCB and tractor. He has been in custody since 15 September 2025 and the court found prima facie material indicating his involvement. After weighing the seriousness of the allegations and the risk to public order, the court declined to grant regular bail. The order expressly states that the observations are only prima facie and will not affect the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the existence of prima facie evidence against him?

Legislation cited

Subjects

  • regular bail
  • extortion
  • Naxalites
  • IPC
  • Criminal Law Amendment Act
  • prima facie evidence
  • denial of bail
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27391 of 2026
                       Arising Out of PS. Case No.-220 Year-2014 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Jawahar Yadav Son of Rewat Yadav @ Khet Yadav Resident Of Village-
                 Budhaul Ps- Wazirganj District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   07-05-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Wazirganj P.S. Case No. 220 of 2014 registered for the offence

                   under Sections 384, 386, 34 of the Indian Penal Code and

                   Section 17 of the CLA.

                                3. The allegation against the petitioner is that he,

                   along with other co-accused persons who are Naxalites,

                   demanded extortion money from an employee of the

                   construction company. On non-fulfillment of the demand, they

                   threatened the contractor by pasting a pamphlet and also burnt

                   the JCB machine and tractor belonging to the contractor.

                                4. The petitioner is in custody since 15.09.2025.The

                   allegations against the petitioner are serious and grave in nature.
            Patna High Court CR. MISC. No.27391 of 2026(3) dt.07-05-2026
                                                        2/2




                      There exists prima facie material against the petitioner

                      indicating his involvement in the commission of the offence.

                                   5. Having considered the facts and circumstances of

                      the case and the allegations levelled against the petitioner, this

                      Court is not inclined to grant regular bail to the petitioner.

                      Accordingly, the application for regular bail stands rejected.

                                   6. 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


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