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Patna High Court

Raju Yadav @ Raj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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