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Patna High Court

Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to stringent conditions.

Summary

Kumar Yadav was arrested in connection with a murder case (Balia P.S. Case No. 48 of 2022) alleging that he, along with others, shot his brother Dilip Yadav, violating Sections 302 and 34 of the IPC and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, that the informant was not an eye‑witness, and that the charge‑sheet was based merely on suspicion, noting that co‑accused had already been granted bail. The State opposed bail, pointing to direct allegations, medical evidence, and the petitioner’s prior criminal case. The Court examined the seriousness of the offences, the evidence on record, and the petitioner’s antecedents, and concluded that bail could be granted with strict conditions to ensure trial cooperation and prevent tampering. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with several conditions.

Issues considered

  • What is the appropriateness of granting bail to an accused of murder, conspiracy, and illegal arms possession under Sections 302, 34 IPC and Section 27 Arms Act?
  • Whether the petitioner’s alleged lack of eyewitness evidence and alleged false implication justify bail despite the seriousness of the offences?

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • illegal arms
  • IPC
  • Arms Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4519 of 2026
                       Arising Out of PS. Case No.-48 Year-2022 Thana- BALIYA District- Begusarai
                 ======================================================
                 Kumar Yadav S/o Late Rameshwar Yadav @ Late Faudari Yadav Resident of
                 Village- Lakhminia, P.S.- Ballia, District- Begusarai

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amar Kumar Singh
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 For the Informant        :       Mr. Shubhesh Pandey, Advocate
                                          :       Mr. Amit Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   15-05-2026                          Heard Mr. Amar Kumar Singh, learned counsel

                   for the petitioner, Mr. Shubhesh Pandey, learned counsel for the

                   informant and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.04.2025 in connection with Balia P.S. Case No. 48 of 2022

                   for the offences punishable under Sections 302 and 34 of the

                   IPC and Section 27 of the Arms Act.

                               3. The case of the prosecution, in brief, is that on

                   12.02.2022 the elder brother of informant namely, Dilip Yadav

                   went out of his house to attend the marriage function at about 8

                   P.M. and also Arvind Kumar and Shrawan Kumar informed the

                   informant by his mobile phone that Dilip Yadav has sustained
Patna High Court CR. MISC. No.4519 of 2026(5) dt.15-05-2026
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          bullet wound. On getting this information the informant rushed

          for the spot and after reaching the spot he saw that his brother

          Dilip Yadav is lying on the ground and Kumar Yadav

          (petitioner), Fanikant Yadav, Nitish Yadav are firing on his

          brother. Thereafter Kumar Yadav(petitioner) fired on his

          brother's neck from point blank range and therafter Fanikant

          also fired on his neck from point blank range but hearing the

          noise of bullet the son of Fanikant, Gaurav Kumar, Mahendra

          Yadav, Renu Devi Etc came there along with Aarti Devi. Then

          Renu Devi identified Dilip Yadav on this Mahendra Yadav kill

          him at once or he will fled away. Then Rustam Kumar came

          there and caught the brother's waist. Thereafter Aarti Devi said

          that since he has already died therefore they ran away. Informant

          has claimed that all the aforesaid persons has killed in

          conspiracy with each other and his brother has died at the spot.

                      4.    Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          next submitted that from perusal of the FIR it appears that the

          informant is not an eye-witness but he has claimed that he is an

          eye-witness to the alleged occurrence. It is next submitted that

          even no one has seen the occurrence and petitioner has been

          made an accused in this case merely on the basis of suspicion.
Patna High Court CR. MISC. No.4519 of 2026(5) dt.15-05-2026
                                            3/4




          Learned counsel for the petitioner next submits that the co-

          accused persons, namely, Aarti Devi and Randhir Yadav, whose

          names have also been transpired in the FIR, have been granted

          bail vide orders dated 26.09.2022 and 04.07.2023 passed in Cr.

          Misc. Nos. 37242 of 2022 and 3998 of 2023 respectively by

          Coordinate Benches of this Court. It is next submitted that the

          police after investigation has submitted charge-sheet and

          petitioner is in custody since 26.04.2025.

                      5. The learned Additional Public Prosecutor for State

          and learned counsel for the informant have vehemently opposed

          the prayer for bail of the petitioner and submit that from perusal

          of the FIR it appears that there is direct and specific allegation

          of firing attributed against the petitioner supported by medical

          evidence. Apart from that petitioner has antecedent of one case

          other than the present case.

                       6. Considering the aforesaid facts and circumstances,

          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 each to the satisfaction of the learned Judicial

          Magistrate 1st Class, Begusarai in connection with Balia P.S.

          Case No. 48 of 2022, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
           Patna High Court CR. MISC. No.4519 of 2026(5) dt.15-05-2026
                                                       4/4




                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his 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)
Gaurav Sinha/-

U      T


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