Patna High Court
Subodh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioners on the ground that they were not named in the FIR and there was no direct evidence against them.
Summary
The petitioners, Subodh Yadav and Ajay Yadav, were not named in the FIR relating to a violent arson case in Bhargama where the informant's husband was burnt alive. Their alleged involvement emerged only from a co-accused's confessional statement, and the informant, an eye‑witness, did not identify them. The petitioners argued they had clean antecedents and that the allegations were general and omnibus. The State opposed bail, but the court noted the absence of their names in the FIR and the lack of direct evidence. Relying on Section 482(2) of the Criminal Procedure Code, the court ordered their release on bail with a bond of Rs.10,000 and two sureties, subject to surrender within four weeks.
Issues considered
- Whether bail can be granted to persons not named in the FIR but implicated through co‑accused statements.
- Whether the petitioners' clean antecedent and lack of direct evidence justify bail under Section 482(2) of the CrPC.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 103, 126, 127, 190, 191, 303, 308, 324, 326, 351, 352
Subjects
- bail
- FIR
- non‑joinder
- clean antecedent
- Section 482 CrPC
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40955 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- BHARGAMA District- Araria
======================================================
1. Subodh Yadav S/o Bharat Yadav R/o Nav Tol, Dhaneshwari, Ward No. 13,
P.S. - Bhargama, Distt. - Araria.
2. Ajay Yadav @ Ajay Kumar S/o Madan Lal Yadav R/o Nav Tol,
Dhaneshwari, Ward No. 13, P.S. - Bhargama, Distt. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mira Kumari, Adv
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard the parties.
2. Both petitioners are not named in the F.I.R. and
apprehending their arrest in connection with Bhargama P.S. Case
No.306/2025 registered for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 127(2), 103(1), 303(2), 308(6), 326(g),
324(6), 352, 351(2) and 351(3) of the BNS.
3. As per F.I.R., all the named accused persons along with
10-15 unknown persons, armed with pistols and weapons, came to
the house of informant and on the order of co-accused Guddu Yadav,
other co-accused persons attacked the house sprinkled petrol and set
the house of informant on fire as a result of which, husband of the
informant was burnt alive.
4. Learned counsel for the petitioners submitted that
petitioners are not named in the F.I.R. Their name transpired during
course of investigation through confessional statement of co-accused
with allegation that these petitioners were also involved in the
Patna High Court CR. MISC. No.40955 of 2026(2) dt.25-06-2026
2/2
alleged occurrence. Allegation against petitioners is general and
omnibus in nature. It is further submitted that informant claims to be
eye witness of the occurrence and she has not named these petitioners
nor even whispered anything about presence of these petitioners at
the time of alleged occurrence. It is further submitted that similarly
situated co-accused has already granted bail by one of the learned
Co-ordinate Bench of this Court through Cr. Misc. No. 1084/2026
dated 22.01.2026. Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as both petitioners were not named in FIR, despite
claiming to be eye-witness of the occurrence by informant,
accordingly both above-named petitioners, who are of clean
antecedent, in the event of their arrest or surrender before the court
below within a period of four weeks, are directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned J.M. 1st Class-cum-ACJM VIII, Araria/concerned Court,
where the case is pending in connection with Bhargama P S Case No.
306 of 2025, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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