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Patna High Court

Ganesh Yadav @ Ram Pravesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner after framing of charge, subject to a bond of Rs. 10,000 and two sureties.

Summary

Ganesh Yadav applied for bail in a case registered under sections 191(3), 191(2), 190, 352, 111, 61(2) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act, alleging his participation in a mob that attacked a resort, caused damage and looted Rs. 50,000. The petitioner argued that the allegations were general and omnibus and that he had been in custody only since 8 March 2026. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedent record of five prior cases. The court, noting the limited period of custody and the petitioner’s antecedents, decided to grant bail after framing of charge, subject to a bail bond of Rs. 10,000 and two sureties of equal amount. The order emphasized that the observations were prima facie and would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under sections 191, 190, 352, 111, 61 of the Bihar Negotiable Instruments Act and section 27 of the Arms Act.
  • Whether the petitioner’s antecedent record of five cases warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • mob violence
  • looting
  • Arms Act
  • Bihar Negotiable Instruments Act
  • antecedent record
  • prima facie observation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35300 of 2026
                       Arising out of PS. Case No.-18 Year-2026 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Ganesh Yadav @ Ram Pravesh Yadav S/o Late Bhui Yadav Resident of
                 Village - Khatkachak, P.S. - Vishnupad, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Adv.
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Vishnupad P.S. Case No.

                   18 of 2026 registered under sections 191(3), 191(2), 190, 352,

                   111, 61(2) of B.N.S and Section 27 of the Arms Act.

                               3. The allegation is that the petitioner along with other

                   came to G.S Resort of the informant along with 50- 60 unknown

                   persons and they threatened the persons there and attacked on

                   the resort resulting in damage and they also looted Rs. 50,000/-.

                   The petitioner is alleged to be part of that crowd and the dispute

                   is of passage.

                                 4. Learned counsel for the petitioner submits that

                   there is general and omnibus allegation against the petitioner

                   and the petitioner is in custody since 08.03.2026.
                Patna High Court CR. MISC. No.35300 of 2026(2) dt.21-05-2026
                                            2/2




                      5. Learned Additional Public Prosecutor for the State

           has vehemently opposed the prayer for bail of the petitioner.

                      6. Considering that the petitioner bears antecedents of

           five cases and is in custody only since 08.03.2026, this court is

           inclined to grant bail to the petitioner after framing of charge.

                      7. Let the petitioner, above named, be released

           on bail after framing of charge on furnishing bail

           bonds of Rs. 10,000/- (Ten thousand) each with two

           sureties of the like amount each to the satisfaction of

           the learned Additional Chief Judicial Magistrate-VI,

           Gaya, in connection with Vishnupad P.S. Case No. 18

           of 2026.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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