Patna High Court
Brajesh Yadav @ Rishidev Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Brajesh Yadav, sought regular bail in a murder and arms case (Sections 302/34 IPC and Section 27 Arms Act) arising from a 2022 FIR. The trial court had earlier denied bail, but the petitioner argued that he had been acquitted in three of six pending cases and was on bail in the remaining three. The State opposed bail, emphasizing the seriousness of the murder charge. The High Court considered the petitioner’s acquittals, his custody since December 2022, and the lack of specific allegations in the FIR, and found no compelling reason to keep him detained. Accordingly, the Court granted regular bail on a bond of Rs.30,000, subject to conditions under Sections 2(1)(d) and 480(3) of the B.N.S.S., 2023, including assurances of appearance and non‑absconding in other pending matters.
Issues considered
- Whether regular bail should be granted to an accused of murder (IPC 302) and arms offence given pending cases.
- Whether prior acquittals in other cases influence the grant of bail.
- Whether the conditions prescribed under the B.N.S.S., 2023 are sufficient to secure the petitioner’s compliance.
Legislation cited
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 2(1)(d), 480(3)
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- murder
- IPC 302
- Arms Act
- acquittal
- pending cases
- B.N.S.S. 2023
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61208 of 2025
Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur
======================================================
Brajesh Yadav @ Rishidev Kumar Yadav S/o Late Sattan Yadav @ Late Satya
Narayan Yadav Vill.- Bhawanipur, PS- Rangra OP, Distt.-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 09-02-2026 Heard learned Senior counsel Mr. Ramakant Sharma
assisted by Mr. Rahul Singh for the petitioner and learned A.P.P.
Mr. Ahmad Ali for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 317 of 2024/318 of 2024/512 of 2024 arising
out of Gopalpur (Rangra) P.S. Case No. 625 of 2022 lodged on
14.12.2022, for the offence punishable under Sections 302/34 of
the Indian Penal Code and section 27 of the Arms Act.
3. Learned Senior counsel for the petitioner submits
that the bail application of the petitioner was earlier rejected
vide order dated 08.05.2024 passed in Cr. Misc. No. 20387 of
2024. Senior counsel submits that there were six criminal cases
pending against the petitioner, but by virtue of supplementary
Patna High Court CR. MISC. No.61208 of 2025(5) dt.09-02-2026
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affidavit with supportive documents, he has intimated to this
Court that the petitioner has been acquitted in three cases
namely, Naugachia P.S. Case No. 116 of 2018, Naugachia P.S.
Case No. 284 of 2017 & Gopalpur (Rangra) P.S. Case No. 295
of 2017. And therefore, he submits that there are only three
cases pending against the petitioner and in all three cases, he is
on bail. Senior counsel further submits that the petitioner is in
custody since 15.12.2022 and there was no specific allegation in
the FIR, rather, there was general and omnibus allegation.
Senior counsel further submits that in the present case also,
charge been framed and no purpose would be solved keeping
the petitioner into custody. Senior counsel submits that the
petitioner is ready to fulfill all the conditions whatsoever shall
be imposed upon him.
4. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that
from perusal of the supplementary affidavit, it transpires that the
petitioner has been acquitted in three cases, but still, in the
present case, he is accused under section 302 of the IPC.
5. In the present facts and circumstances of this case
as well as considering the fact that the petitioner has been
acquitted in three cases and he is properly appearing in the
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cases, therefore, let the petitioner above named be released on
bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty
Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S.,
2023 to the satisfaction of Additional Sessions Judge-III,
Naugachia, Bhagalpur in connection with Sessions Trial No.
317 of 2024/318 of 2024/512 of 2024 arising out of Gopalpur
(Rangra) P.S. Case No. 625 of 2022, subject to the conditions as
laid down U/s 480(3) of the B.N.S.S., 2023, with the following
further conditions:-
(A) At the time of furnishing the bail bond, the
petitioner shall satisfy the Trial Court that he is not absconding
in any of the cases pending against him whose details are
mentioned below-
(i) Mansi P.S. Case No. 137 of 2015
(ii) Kharik P.S. Case No. 2 of 2018
(iii) Falka P.S. Case No. 250 of 2017
(B) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(C) the petitioner shall appear before the Trial Court
on each and every scheduled date, and failure to do so for three
consecutive dates without any plausible reason/explanation shall
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be resulted into cancellation of his bail bonds by the Trial Court
itself.
(D) the petitioner shall appear before the concerned
police station for one year, within every fortnight.
(Dr. Anshuman, J)
Divyansh/-
U T
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