Patna High Court
Karu Yadav @ Sajan GopalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner with conditions of surrender within four weeks and a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Karu Yadav, was named in an FIR (Rajgir P.S. Case No.56 of 2023) for alleged offences including attempt to murder, rioting, assault and unlawful possession of arms arising from a dispute over idol immersion during Saraswati Puja. The prosecution alleged that six named accused, including the petitioner, and ten unknown persons, armed themselves and assaulted the informant and others, causing grievous injuries. The petitioner contended that he was falsely implicated, that there exists a case and counter‑case between the parties, that the allegations are general and omnibus, and that he has no prior criminal record. The State opposed the bail application, citing the seriousness of the charges. After hearing both sides, the Court noted the lack of antecedents and the vague nature of the allegations and granted anticipatory bail, subject to surrender within four weeks and a bail bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriate exercise of discretion in granting anticipatory bail for offences of serious nature under the IPC and Arms Act?
- Do the general and omnibus allegations in the FIR justify denial of bail?
- Does the petitioner’s lack of criminal antecedent and claim of false implication warrant bail?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 504
Subjects
- anticipatory bail
- IPC offences
- Arms Act
- false implication
- case and counter case
- no criminal antecedent
- rioting
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3721 of 2026
Arising Out of PS. Case No.-56 Year-2023 Thana- RAJGIR District- Nalanda
======================================================
Karu Yadav @ Sajan Gopal S/o Yogendra Yadav R/o Village - Ganjpar, P.S -
Rajgir, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioner in this application prays for bail
apprehending his arrest in connection with Rajgir P.S. Case
no.56 of 2023 registered for the offence punishable under
sections 307, 147, 148, 149, 341, 323, 324, 325 and 504 of the
Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that over a trivial dispute relating to immersion of idol on the
occasion of Saraswati Puja, six named accused persons
including the petitioner herein as also 10 unknown accused
persons came variously armed and assaulted the informant and
others causing injuries.
Patna High Court CR. MISC. No.3721 of 2026(2) dt.28-01-2026
2/3
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. There is
case and counter case between the parties and the correct
manner of the occurrence having been narrated in the counter
case, FIR of which is annexed as P/2 to the petition. It is
submitted that the allegations are general and omnibus in nature
and even the injury which finds mention in the order of the
learned trial Court and though has been found to be grievous in
nature does not support the allegation of assault by so many
persons. The petitioner has no criminal antecedent and
undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, there being case and counter case between the parties
together with the allegations being general and omnibus in
nature and the petitioner not having any criminal antecedent, it
is directed that the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Rajgir P.S. Case no.56 of 2023 on furnishing
Patna High Court CR. MISC. No.3721 of 2026(2) dt.28-01-2026
3/3
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Biharsharif, Nalanda.
(Partha Sarthy, J)
Saurabh/-
U T
Checking your session…