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Patna High Court

Pandav Yadav @ Prahlad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail may be granted in view of the compromise, lack of injury and the petitioner’s cooperation.

Summary

Pandav Yadav was arrested for alleged extortion, robbery at gunpoint and offences under several sections of the BNS and the Arms Act after he allegedly halted road construction on a private land and demanded money. The prosecution alleged that he and an accomplice fired at the informant and seized Rs. 25,000. The petitioner claimed innocence, asserted that the FIR indicated a compromise with the informant and that no firearm injury occurred. The State opposed bail, but the court considered the compromise, lack of injury and the petitioner’s willingness to cooperate. Consequently, the court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and appearance.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 126(2), 109, 308(5), 352, 351(2) of the BNS and Section 27 of the Arms Act
  • Whether the compromise between the petitioner and the informant influences the grant of bail
  • Whether the nature and seriousness of the alleged offences warrant denial of bail

Legislation cited

Subjects

  • regular bail
  • extortion
  • robbery
  • arms act
  • compromise
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53882 of 2025
                       Arising Out of PS. Case No.-138 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Pandav Yadav @ Prahlad Yadav Son of Late Lakhanlal Yadav Resident of
                 Village - Shishwa, Police Station - Gogari, District - Khagaria.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vivekanand Singh
                 For the Opposite Party/s :       Mr.Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   19-01-2026                     Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection with

                   Gogari P.S. Case No. 138 of 2025, registered for the offences

                   punishable under Sections 126(2), 109, 308(5), 352, 351(2) of the

                   BNS and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner repeatedly

                   halted road construction on informant’s private land, demanding an

                   extortion of Rs. 5 lakh. On 01.06.2025, petitioner along with one co-

                   accused person, fired at the informant and forcibly took Rs. 25,000/-

                   at gunpoint as a partial payment and threatened him to pay remaining

                   balance within a week.

                                4. The learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.
             Patna High Court CR. MISC. No.53882 of 2025(5) dt.19-01-2026
                                                         2/2




                       It has further been submitted that the FIR shows that construction of

                       pathway was going on, on the personal land of the informant and

                       allegedly, petitioner along with one unknown, fired three shots upon

                       the informant but he did not suffer any kind of firearm injury. The

                       petitioner and the informant have compromised the case. The

                       petitioner is under custody since 08.06.2025.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to furnish

                       bail bond and on doing so, the court below shall release the petitioner

                       on bail on furnishing bail bonds of Rs.10,000/- with two sureties of

                       the like amount each to the satisfaction of learned Chief Judicial

                       Magistrate, Khagaria in connection with Gogari P.S. Case No. 138 of

                       2025, subject to the following conditions that the petitioner shall

                       cooperate in the disposal of trial and make himself available as and

                       when required by the court.



                                            (Nawneet Kumar Pandey, J)
priyanka/-

U      T


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