Patna High Court
Ram Kumar Yadav @ Raj Kumar Yadav @ R. K. YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court disposed of the bail application without addressing the merits, directing the petitioner to file a fresh application once the required documents are produced.
Summary
Ram Kumar Yadav applied for regular bail in a case (S.T. No. 245 of 2021) involving offences under Sections 364, 364A and 34 of the Indian Penal Code. The Additional Sessions Judge had directed him on 26‑09‑2025 to file a supplementary affidavit and produce documents showing he was not absconding in any of the seventeen pending cases against him. The petitioner was unable to comply because the required documents had not been made available by the Pairwikar. The bail application remained pending from August 2025 and the court noted the non‑compliance. Consequently, the Patna High Court refrained from deciding the merits and disposed of the bail application, instructing the petitioner to file a fresh application once the documents are obtained. No order granting bail was made.
Issues considered
- Whether regular bail can be granted when the petitioner has not complied with the court's order to submit a supplementary affidavit and supporting documents.
Legislation cited
- Indian Penal Code — s. 34, 364, 364A
Subjects
- regular bail
- Indian Penal Code
- Section 364
- Section 364A
- Section 34
- procedural compliance
- pending documents
- bail application disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53071 of 2025
Arising Out of PS. Case No.-86 Year-2021 Thana- NIRMALI District- Supaul
======================================================
Ram Kumar Yadav @ Raj Kumar Yadav @ R. K. Yadav S/o- Sir Rameshwar
Yadav Village- Phulkaha Katti W.No-5, Ps- Sukhipur Dist- Sirha Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
S.T. No. 245 of 2021, arising out of Nirmali P.S. Case No. 86 of
2021, lodged on 31.05.2021, under Sections 364, 364A and 34
of the Indian Penal Code, pending before the Court of Addl.
Sessions Judge IV, Supaul.
3. Learned counsel for the petitioner seeks a further
four weeks’ time to comply with the order dated 26.09.2025.
Counsel further submits that, till date, the documents have not
been made available by the Pairwikar.
4. It transpires to this Court that the present bail
application has been pending since August 2025 and compliance
with the order has remained pending since September 2025,
Patna High Court CR. MISC. No.53071 of 2025(5) dt.09-01-2026
2/2
wherein the petitioner was directed to file a supplementary
affidavit, along with supporting documents, demonstrating that
he is not absconding in any of the cases pending against him,
which are seventeen in number.
5. As such, this Court refrains from passing any order
on merits and disposes off this application, observing that
whenever the documents become available to the petitioner, he
may renew his prayer for bail by filing a fresh criminal
application.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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