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Patna High Court

Rakesh Yadav @ Akash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail as the allegations do not warrant denial of liberty.

Summary

The petitioner, Rakesh Yadav, applied for regular bail in a case registered under several sections of the Bhartiya Nyaya Sanhita relating to assault and unlawful assembly. The FIR originally named nine co‑accused but did not mention the petitioner; his name was later added during investigation based on the testimony of a victim. Counsel argued that the petitioner was falsely implicated, that there was no allegation of tampering, and that he was already on bail in a separate, unrelated case. The State opposed the bail, contending that the charges were serious. The Court examined the circumstances, noting the absence of the petitioner’s name in the FIR and the lack of substantive evidence against him. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether a person not named in the FIR but later implicated can be granted regular bail under the Bhartiya Nyaya Sanhita
  • Whether the nature of the alleged offences and the circumstances of the investigation justify denial of bail

Legislation cited

Subjects

  • regular bail
  • Bhartiya Nyaya Sanhita
  • FIR
  • false implication
  • unlawful assembly
  • assault
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.30492 of 2026
                      Arising Out of PS. Case No.-136 Year-2026 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Rakesh Yadav @ Akash Yadav son of Ramashish Yadav Resident of Village-
                 Rampurkala Belhi Khas P.S -Kateya District -Gopalganj
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Md Shahbaz Yusuf, Advocate
                 For the Opposite Party :         Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   24-06-2026                 Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                               2. The petitioner seeks regular bail in connection with

                   Kateya P.S. Case No. 136 of 2026, dated 06.03.2026, registered

                   for the offence under Sections 126(2), 115(1), 118(1), 109(1),

                   352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita.

                               3. As per the allegation, nine named co-accused

                   persons and 20 unknown persons variously armed, forming an

                   unlawful assembly came and in course of which co-accused

                   Surendra Yadav assaulted by means of farsa on the head of

                   father of the informant, namely, Jaiprakash Pandey, while co-

                   accused Nagendra Yadav assaulted the uncle of the informant

                   Pappu Pandey by means of iron rod on his hand resulting into

                   fracture. It has further been alleged that co-accused Ankit Yadav

                   assaulted the uncle of the informant, namely, Dharmendra
Patna High Court CR. MISC. No.30492 of 2026(4) dt.24-06-2026
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          Pandey, by means of rod, due to which his hand also got

          fractured, while co-accused Vikash Yadav and Ankit Yadav

          assaulted cousin brother of the informant, namely, Rishi Pandey,

          on the head. It has also been alleged that co-accused Pappu

          Yadav snatched gold chain from the informant while co-accused

          Gambha Yadav took out Rs.25,000.00 from the pocket of the

          father of the informant. It has further been alleged that unknown

          persons also assaulted all the injured persons.

                       4. Learned counsel appearing for the petitioner has

          submitted that the petitioner is not named in the FIR and the

          name of the petitioner transpired subsequently during course of

          the investigation when one of the victims, Rishi Pandey, alleged

          assault by the petitioner also. It has further been submitted that

          the petitioner has been falsely implicated subsequently and if

          the petitioner was known from before, his name would have

          been incorporated in the FIR itself. It has been submitted that

          the petitioner is in custody since 06.03.2026, the charge-sheet

          has been filed and there is no allegation of tampering against the

          petitioner. It has further been submitted that the petitioner is

          accused in one another case, but not of similar nature and he is

          on bail in that case.

                       5. Learned A.P.P. for the State vehemently opposed
          Patna High Court CR. MISC. No.30492 of 2026(4) dt.24-06-2026
                                                      3/3




                    the prayer for regular bail of the petitioner.

                                 6. Heard learned counsel for the parties and perused

                    the record.

                                 7. Considering the facts and circumstances of the

                    case, let the, above named, petitioner 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 learned

                    ACJM-I, Gopalganj, in connection with Kateya P.S. Case No.

                    136 of 2026.

                                 8. The application stands allowed accordingly.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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