Created by Fuzzy Cloud

Patna High Court

Jeetan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 438(2) CrPC.

Summary

The petitioner, Jeetan Yadav, was named in an FIR relating to a mob assault and shooting incident under several sections of the Bihar National Security Act, 2023 and Section 27 of the Arms Act. He contended that he was falsely implicated, asserting that the specific charge of firing was directed at co‑accused Vikas Yadav and that there was no direct allegation against him. The prosecution opposed bail, highlighting the petitioner’s prior criminal antecedent, though noting he was already out on bail for that case. The court examined the lack of specific allegations against the petitioner and applied Section 438(2) of the Code of Criminal Procedure. It granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of his criminal antecedent. The order directed that any breach of conditions could lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to a person named in an FIR for offences under the Bihar National Security Act and the Arms Act despite lack of specific allegation against him.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
  • Whether Section 438(2) of the CrPC applies in the present circumstances.

Legislation cited

Subjects

  • bail
  • FIR
  • criminal antecedent
  • Section 438 CrPC
  • Bihar National Security Act
  • Arms Act
  • mob assault
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30854 of 2026
                      Arising Out of PS. Case No.-26 Year-2025 Thana- HARINMAR District- Munger
                 ======================================================
                 Jeetan Yadav S/o Vipat Yadav R/o Village - Goraiya Bathan, P.S - Gogari,
                 District - Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Indu Bhushan, Advocate
                 For the Opposite Party/s :      Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                      Heard Mr. Indu Bhushan, learned counsel for the

                   petitioner and Md. Mushtaque Alam, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Harinmar P.S. Case No. 26 of 2025, F.I.R. dated

                   13.07.2025 for the offences punishable under Sections 191(2),

                   191(3), 190, 109, 303(2), 115(2), 351(2) & 352 of the BNS,

                   2023 and Section 27 of the Arms Act.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner armed with deadly weapons

                   have brutally assaulted the informant's son and one Vikas Yadav

                   shot fire upon him due to which the son of the informant

                   received injury.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.30854 of 2026(2) dt.01-07-2026
                                            2/3




          petitioner is innocent and he has falsely been implicated in the

          present case. Although the petitioner is named in the FIR but

          there is no specific allegation against the petitioner. In fact, the

          specific allegation of firing is attributed against the co-accused

          Vikas Yadav and at best the petitioner is member of the mob.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries one criminal antecedent other

          than the present one but fairly submits that he is on bail in the

          said case.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation against the petitioner rather

          the allegation of firing is against the co-accused Vikas Yadav, let

          the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, 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-cum-Additional Munsif-7, Munger

          in connection with Harinmar P.S. Case No. 26 of 2025, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure and with other following conditions:-
            Patna High Court CR. MISC. No.30854 of 2026(2) dt.01-07-2026
                                                        3/3




                                   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)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.