Patna High Court
Prakash Yadav @ Jay Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail granted to the accused was not cancelled as the omission did not constitute a valid ground for revocation.
Summary
The petitioner, Prakash Yadav, filed an application seeking cancellation of the regular bail granted to the second accused, Ramdhani Yadav, in a case involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including alleged use of illegal arms. The sole ground raised was that the bail application failed to mention the specific provision of the Arms Act. The Patna High Court examined the complete case record, including the alleged use of illegal arms, and concluded that the omission did not constitute a valid ground for revoking bail. Consequently, the court found no basis to cancel the bail. The application for cancellation of bail was dismissed.
Issues considered
- Whether the omission of reference to the Arms Act in the bail application warrants cancellation of the bail granted to the accused.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail cancellation
- criminal procedure
- arms offence
- Bharatiya Nyaya Sanhita
- high court
- application dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52929 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- GOVINDPUR District- Nawada
======================================================
Prakash Yadav @ Jay Prakash Yadav S/O Late Mukh Lal Yadav Resident of
Village- Japhara, Kosirukhi, Kosi, P.S- Govindpur, District- Nawada, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramdhani Yadav S/O Late Lutan Yadav R/O Village- Jafara, P.S-
Govindpur, Dist.- Nawada, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gaurav Prakash
For the Opposite Party/s : Mr.Jagdhar Prasad
Mr. Ram Babu Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 16-02-2026 Heard the learned counsel for the parties.
2. This is an application for cancellation of bail for
cancelling the regular bail granted to the OP. No. 2 vide order
dated 15.05.2025 passed by this Court in Cr. Misc. No. 31164 of
2025 in connection with Govindpur P.S. Case No. 61 of 2025
registered for the offence under Sections 126(2), 115(2), 351(2),
352, 109, 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The sole contention of the learned counsel for the
petitioner for cancellation of bail of the O.P. No. 2 is that in the
first paragraph of the bail application, Section related to Arms
Act was not mentioned.
4. While granting bail to the O.P. No. 2, this Court had
Patna High Court CR. MISC. No.52929 of 2025(4) dt.16-02-2026
2/2
gone through the entire records of the case and the O.P. No. 2
was granted bail after considering the entirety of the fact
including the use of illegal arms and therefore, no ground for
cancellation of bail is made out.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Shishir/-
U T
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