Patna High Court
Raju Yadav @ Raj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Raju Yadav was arrested in connection with a violent incident involving assault, stabbing and firing, alleged under Section 309(6) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. He sought bail, contending that he is not named in the FIR and was implicated only through the confessional statement of co‑accused Om Kumar, who had already been granted bail. The prosecution opposed bail, highlighting the petitioner’s antecedent of eighteen criminal cases, though he is on bail in those matters. The court examined the lack of direct evidence, absence of material recovered from the petitioner, and the fact that no TIP had been conducted. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and reliance on a co‑accused’s confessional statement.
- Whether the petitioner’s extensive criminal antecedent warrants denial of bail.
- Whether the absence of the petitioner’s name in the FIR and lack of material evidence affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- criminal antecedent
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- co‑accused
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29589 of 2026
Arising Out of PS. Case No.-22 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
Raju Yadav @ Raj Kumar Yadav S/o Late Ramchandra Yadav R/o -
Mohanpur Chaumukh, P.S - Bihariganj, District - Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Dr Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.03.2025 in connection with Alamnagar P.S. Case No. 22 of
2025 for the offence punishable under Section 309(6) of the
BNS and Section 27 of the Arms Act.
3. The case of the prosecution, in brief is that on
16.01.2025 at about 06:30 pm, when the informant and his
cousin brother was returning from Maraut fair over his motor-
cycle and reached at Itahari School Alamnagar we have been
overtaken by three unknown person and stopped him and started
abusing and stabbing with knife in which the brother of
informant's jacket got torned and also fired upon the informant
and his brother and injured the shoulder of his brother and fled
away along with the motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and the name of the petitioner
has transpired on the basis of confessional statement of co-
Patna High Court CR. MISC. No.29589 of 2026(2) dt.04-05-2026
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accused person, namely, Om Kumar and except the aforesaid,
nothing has come during investigation to suggest the
involvement of the petitioner in the present occurrence and till
date no TIP has been conducted of the prosecution. It is next
submitted that nothing has been recovered from the conscious
possession of the petitioner and the co-accused person who has
confessed the name of the petitioner, namely, Om Kumar has
been granted bail vide order dated 19.11.2025 passed in Cr.
Misc. No. 51927 of 2025. It is next submitted that police after
investigation has submitted charge-sheet and petitioner is in
custody since 18.03.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of eighteen cases other
than the present case but fairly submits that petitioner is on bail
in the pending matters.
6. Considering the aforesaid facts and circumstances,
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 Judicial
Magistrate, 1st Class, Udakishunganj in connection with
Alamnagar P.S. Case No. 22 of 2025, subject to the following
Patna High Court CR. MISC. No.29589 of 2026(2) dt.04-05-2026
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conditions:-
i. 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 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)
Gaurav Sinha/-
U T
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