Patna High Court
Aman YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Aman Yadav, was arrested on 5 August 2025 in connection with a 14 November 2024 incident in Ismailpur where he allegedly fired at an informant through a vehicle window, causing abdominal injury that later resulted in the informant's death, and also allegedly snatched Rs.5,000. He was charged under Sections 126(2), 118(2), 109(1), 303(2), 352, 3(5) of the Bihar Negotiable Statutes and Section 27 of the Arms Act. The petitioner pleaded for bail, claiming a clean antecedent, innocence, and that the FIR was fabricated and delayed. The State opposed bail, emphasizing the direct and specific allegations, the seriousness of the offences, and the death of the victim as supported by the post‑mortem report. Justice Rajesh Kumar Verma, after considering the nature of the allegations, refused the bail petition, concluding that the petitioner should not be released on bail pending trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the seriousness of the offences and the alleged death of the victim?
- Whether the delay in filing the FIR and the petitioner's claim of fabrication affect the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- attempt to murder
- culpable homicide
- abetment
- death of victim
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28519 of 2026
Arising Out of PS. Case No.-122 Year-2024 Thana- ISMAILPUR District- Bhagalpur
======================================================
Aman Yadav S/O Yogendra Kumar Yadav @ Jogli Yadav @ Yogendra Yadav
Residents of Village- Ismailpur, P.S.-Ismailpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.08.2025 in connection with Ismailpur P.S. Case No. 122 of
2024 for the offences punishable under Sections 126(2), 118(2),
109(1), 303(2), 352, 3(5) of B.N.S and Section 27 of Arms Act.
3. The case of the prosecution is that on 14.11.2024 at
about 5:30 hours, informant was returning to his home at
Chandi Asthan, Ismilepur from Bhagalpur after delivery of
goods by his pick up van, in the way at Panchayat Bhawan Near
Chandi Asthan one Sumit Kumar had a hot talk with him for not
giving side, thereafter, informant went to his home. After one
hours informant along with Gulshan Kumar went to Naugachia
to bring goods, in the course on two motorcycle total six persons
Patna High Court CR. MISC. No.28519 of 2026(3) dt.08-07-2026
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namely (i) Aman Yadav, (ii) Bajrangi Goswami, (ii) Munna
Yadav, (iv) Sonu Kumar Yadav, (v) Sumit Yadav, (vi) Kargil
Yadav over took his vehicle and stopped him when informant
asked the cause of stopping vehicle all the miscreants named
above abused him. On protest Aman Yadav fired upon the
informant through window of vehicle due to which informant
sustained injury at his abdomen. Thereafter he also snatched
sum of Rs.5000/- from pocket of informant. After committing
the incident miscreants fled away from spot.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that it appears from the
FIR that due to some petty dispute the present occurrence has
taken place. It is next submitted that the date of occurrence was
14.11.2024 and the FIR has been instituted on 15.11.2024 i.e.,
after a delay of one day which suggests that it is an afterthought
FIR lodged only to falsely implicate the petitioner.
5. The learned Additional Public Prosecutor for the
State on the basis of materials available on record and the case
Patna High Court CR. MISC. No.28519 of 2026(3) dt.08-07-2026
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diary has vehemently opposed the prayer for bail of the
petitioner and submits that there is direct and specific allegation
against the petitioner and he has fired upon the informant
through window of the vehicle due to which informant/deceased
sustained injury and during the course of treatment she has died
and postmortem report also supports the allegation as alleged in
the FIR.
6. Considering the nature of allegation, I am not
inclined to enlarge the petitioner on bail in connection with
Ismailpur P.S. Case No. 122 of 2024 pending in the court of
learned Additional Sessions Judge -III, Naugachia.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
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