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Patna High Court

Dilip YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Dilip Yadav was arrested on 7 January 2025 in connection with a murder case (Case No. 397 of 2024) alleging that seven persons shot his father dead. He sought bail, claiming the FIR was forged, that he was falsely implicated, and that the post‑mortem showed no head injury despite the allegation that he struck the victim on the head. The prosecution opposed bail, noting six other pending cases against the petitioner, though he was on bail in those matters. The court noted that a co‑accused, Varun Yadav, had previously been granted bail and considered the petitioner's claim of falsity and lack of injury. The High Court granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 103 and 3(5) of the BNS and Section 27 of the Arms Act.
  • Whether the alleged falsity of the FIR and lack of head injury affect the bail decision.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • false implication
  • FIR
  • Arms Act
  • criminal antecedent
  • post‑mortem
  • co‑accused
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32526 of 2026
                     Arising Out of PS. Case No.-397 Year-2024 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Dilip Yadav Son of Vilash Yadav @ Ram Vilash Yadav Resident of Village-
                 Mahuwa Tola, Laxmipur, P.S.- Gangaur (Khagaria), District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarbottam Kumar Sarkar, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                      Heard Mr. Sarbottam Kumar Sarkar, learned counsel

                   for the petitioner and Mr. Narendra Kumar Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   07.01.2025 in connection with Khagaria (Gangaur OP) P.S.

                   Case No. 397 of 2024 for the offences punishable under

                   Sections 103 and 3(5) of the BNS and Section 27 of the Arms

                   Act.

                               3.     The case of the prosecution, in brief, is that

                   informant got registered an F.I.R. on 02.08.2024 alleging that at

                   12:10 a.m. seven persons came to Public Sarswati place where

                   father of the informant works as a watchman. They shot his

                   father dead with bullets.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32526 of 2026(2) dt.07-05-2026
                                            2/3




          petitioner has falsely been implicated in the present case. It is

          further submitted that the allegation as alleged in the FIR is

          forged and fabricated and the petitioner has not committed any

          offence. Learned counsel for the petitioner submits that from

          perusal of the allegation as alleged in the FIR it appears that the

          allegation against the petitioner is that he has assaulted on the

          head of the deceased but the postmortem suggests that there is

          no injury found on the head of the deceased. It is next submitted

          that the co-accused person, namely, Varun Yadav has been

          granted bail by a Coordinate Bench of this Court vide order

          dated 23.03.2026 passed in Cr. Misc. No. 78229 of 2025 and

          petitioner is in custody since 07.01.2025.

                      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 six cases other than the

          present case but fairly submits 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 CJM,

          Khagaria and other concerned Court in connection with
           Patna High Court CR. MISC. No.32526 of 2026(2) dt.07-05-2026
                                                       3/3




                     Khagaria (Gangaur OP) P.S. Case No. 397 of 2024 subject to the

                     following 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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