Patna High Court
Jeetan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar National Security Act, 2023 — s. 109, 115(2), 190, 191(2), 191(3), 303(2), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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