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Patna High Court

Prabhat YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Petitioner Prabhat Yadav applied for bail in a murder case (Udwant Nagar P.S. Case No. 495 of 2025) involving alleged offences under Sections 103(1), 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with others, killed the informant's father, motivated by a personal dispute. The petitioner contended that he was falsely implicated, there were no eyewitnesses, six assailants were involved, and the post‑mortem showed three gunshot wounds; he also pointed to the bail granted to co‑accused Bhola Yadav and Ritesh Yadav in similar cases. The State opposed bail, highlighting the petitioner’s five prior criminal cases. After hearing both sides, the court found the petitioner's claim of being framed credible and, noting the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the alleged offences under the B.N.S. and Arms Act
  • Whether the petitioner’s prior criminal antecedents preclude bail
  • Whether the lack of eyewitness evidence and similarity to co‑accused cases justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • Arms Act
  • prior criminal record
  • suspicion
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29811 of 2026
                   Arising Out of PS. Case No.-495 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Prabhat Yadav Son of Akshay Yadav Resident of village- Padminiya Ps-
                 Krishnagarh, Dist- Bhojpur, Ara

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sarveshwar Tiwary, Advocate
                 For the Opposite Party/s :      Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Udwant Nagar P.S. Case No. 495 of 2025 registered for the

                   offence punishable under Sections 103(1), 3(5) of the B.N.S.

                   and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that some

                   unknown miscreants have killed the father of the informant. The

                   informant believes that the petitioner along with others has

                   killed his father, as the son of the informant was having an affair

                   with the daughter of Sriram Yadav.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.29811 of 2026(2) dt.22-06-2026
                                            2/3




          case. He also submits that from perusal of the FIR, it is clear

          that there is no eye witness to the occurrence and the name of

          this petitioner has been framed in this case only on the basis of

          suspicion. He further submits that from perusal of the FIR, there

          are altogether six assailants and from perusal of the post-

          mortem report, it is clear that the deceased has received three

          gunshot injuries. He further submits that he has been framed in

          this case due to his criminal antecedents. Moreover, the

          petitioner is languishing in judicial custody since 24.10.2025.

          Learned counsel has further submitted that similarly situated

          other co-accused persons, namely, Bhola Yadav and Ritesh

          Yadav have been granted bail by this court vide Cr. Misc. Nos.

          18693 of 2026 and 21964 of 2026 respectively. The case of this

          petitioner stands on similar footing.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of five cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
             Patna High Court CR. MISC. No.29811 of 2026(2) dt.22-06-2026
                                                         3/3




                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Bhojpur, Ara in connection with Udwant

                       Nagar P.S. Case No. 495 of 2025.


                                              (Ashok Kumar Pandey, J)

lata/-
U        T


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