Patna High Court
Dilip YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.