Patna High Court
Sunil Yadav @ Rajnikant @ RavikantversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Penal Code — s. 109, 115(2), 126(2), 190, 191(2)(3), 351(2), 352
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.