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Patna High Court

Sunil Yadav @ Rajnikant @ RavikantversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Sunil Yadav, was arrested on 11 February 2026 in connection with a FIR alleging that he ordered a co‑accused to fire at the father of an informant, resulting in injuries. The FIR named him but did not allege any overt act or direct participation in the shooting. The petitioner sought bail, arguing lack of specific evidence linking him to the assault, while the State opposed bail, citing his alleged involvement and prior criminal cases. The court examined the charge sheet and found no concrete proof of the petitioner’s direct act, and considered his cooperation and the conditions imposed. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, evidence tampering, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite being alleged as the mastermind behind the shooting.
  • Whether the absence of an overt act attributed to the petitioner justifies granting bail.
  • Whether the petitioner’s prior criminal cases affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • order to fire
  • arms act
  • trial cooperation
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33457 of 2026
                    Arising Out of PS. Case No.-655 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Sunil Yadav @ Rajnikant @ Ravikant Son of Rambalak Yadav Resident of
                 Village- Madhopur, District- Bakhtiyarpur, District- Patna.. ... Petitioner/s
                                                    Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ramakant Sharma, Sr. Advocate
                                                 Mr.Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :      Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                     Heard Mr.Ramakant Sharma, learned senior counsel

                   appearing for the petitioner and Mr.Ahmad Ali, learned A.P.P.

                   for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   11.02.2026 in connection with Bakhtiyarpur P.S. Case No. 655

                   of 2025, F.I.R. dated 01.12.2025 registered for the offence

                   punishable under Sections 191(2)(3), 190, 126(2), 115(2), 109,

                   352, 351(2) of B.N.S. and 27 of the Arms Act.

                                 3. Allegation against the petitioner is that he directed

                   the co-accused person to fire upon the father of the informant

                   and kill him due to which the said co-accused person has fired

                   upon the father of the informant and he sustained injuries.

                                 4. Learned senior counsel appearing for the petitioner

                   submits that it appears from the FIR that the petitioner is named

                   in the FIR but there is no specific allegation of any assault or
Patna High Court CR. MISC. No.33457 of 2026(2) dt.14-05-2026
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          overt-act attributed against the petitioner rather allegation

          against the petitioner is that he is the order giver and the

          petitioner has directed the co-accused person to fire upon the

          father of the informant and kill him due to which the co-accused

          person has fired upon the father of the informant and except the

          aforesaid, nothing has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence and there is no specific allegation of any

          assault, overt-act or firing attributed against the petitioner and

          the police, after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 11.02.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner has

          participated in the present crime in question, apart from that the

          petitioner carries five more cases other than the present one, out

          of five cases, in three cases, final form has been submitted, in

          one case, the petitioner has been acquitted and in rest one case,

          the petitioner is on bail, as mentioned in para-3 of the bail

          petition.

                       6. Considering the aforesaid fact, 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
             Patna High Court CR. MISC. No.33457 of 2026(2) dt.14-05-2026
                                                         3/3




                       each to the satisfaction of learned Additional Chief Judicial

                       Magistrate-III, Barh, Patna in connection with Bakhtiyarpur

                       P.S. Case No. 655 of 2025, with 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/her absence on two consecutive dates without sufficient

                       reason, his/her 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)
Nitesh/-
U        T


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