Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Rajesh Yadav, filed a bail application fearing arrest in a case registered under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The FIR indicates that the co‑accused, Manish Kumar, inflicted a firearm injury that caused the death of an informant’s husband, while the petitioner is alleged only to have been a member of an unlawful assembly with no specific overt act. The State opposed the bail, arguing the seriousness of the offences. The Court examined whether the petitioner’s alleged participation warranted denial of bail and considered the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Concluding that the petitioner’s role was limited to membership without a concrete act, the Court granted bail on the condition of surrender within eight weeks, a cash bond of Rs.10,000 with two sureties, and compliance with Section 482. The bail order effectively disposes of the petition in the petitioner’s favour.
Issues considered
- What is the extent of the petitioner’s alleged involvement in the offences under the Bhartiya Nyaya Sanhita and the Arms Act?
- Does the petitioner’s alleged membership in an unlawful assembly justify denial of bail?
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 permits granting bail in the present circumstances?
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- unlawful assembly
- Arms Act
- criminal procedure
- section 482
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4889 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Rajesh Yadav Son of Babu Nand Yadav Resident of Muri Ward No 05, P.S.-
Bhaptiyahi, Distsrict- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Patla Kumari
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 103(1), 3(5) of the
Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that as
per F.I.R. itself, it was co-accused Manish Kumar, who caused
fire-arm injury on the head of informant’s husband, causing his
death. So far as this petitioner is concerned, he is only alleged to
be member of the unlawful assembly and there is absolutely no
allegation of overt act against this petitioner.
4. Learned A.P.P. for the State has opposed the bail
petition.
5. Considering the same, let the above named
Patna High Court CR. MISC. No.4889 of 2026(2) dt.11-02-2026
2/2
petitioner, in the event of arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Supaul in
connection with Bhaptiyahi P.S. Case No. 179 of 2025, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.