Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner was held to be an alleged assailant in the homicide.
Summary
The petitioner, Surendra Yadav, sought anticipatory bail after being implicated in a FIR alleging that he and co-accused surrounded an informant's family and, during the confrontation, he and another accused fired at the informant's father, causing his death. The petitioner claimed innocence, alleging political victimisation, while the informant's counsel opposed bail. The court examined the seriousness of the alleged offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, noting that the petitioner was alleged to be one of the assailants. Considering the gravity of the charges and the involvement in the homicide, the court refused the anticipatory bail application. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the allegations of involvement in the killing of the informant's father merit denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- murder
- arms offence
- political vendetta
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- MANSI District- Khagaria
======================================================
Surendra Yadav Son of Late Sita Ram Yadav R/o Village - Thatha, PS -
Mansi, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Seema Kumari, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
For the Informant : Mr. Maheshwar Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Mansi P. S. Case
No. 142 of 2025 registered for the offences punishable under
Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. As per F.I.R., on 14.06.2025, all the named accused
persons, including this petitioner, surrounded informant and his
family members and thereafter, this petitioner and co-accused
Sumit Yadav fired upon the father of informant as a result of
which, he died on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.42 of 2026(2) dt.10-02-2026
2/2
case due to village politics.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the fact that petitioner is one of the
assailants of the deceased, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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