Patna High Court
Srikant Yadav @ TigerversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted and refused the petitioner’s bail application.
Summary
Petitioner Srikant Yadav was arrested on 9 April 2025 in connection with an incident where three unknown assailants allegedly poured poisonous liquid into his eyes and robbed an informant of cash and a car key. He was charged under Sections 309(4) and 317(2) of the Bihar Narcotic Substances Act, 2023. The petitioner argued that he was never named in the FIR and was implicated only through a self‑confessional statement, asserting that no other material linked him to the offence. The prosecution countered that his name appeared in the TIP, that recovered articles were found in his possession, and that he has four prior criminal convictions. After weighing the evidence and the petitioner’s antecedents, the court declined to grant bail and refused the bail application.
Issues considered
- Whether bail can be granted to the petitioner under Sections 309(4) and 317(2) of the Bihar Narcotic Substances Act, 2023 given the nature of the evidence
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4), 317(2)
Subjects
- bail
- Bihar Narcotic Substances Act, 2023
- Section 309
- Section 317
- criminal antecedents
- FIR
- TIP
- evidence
- Judicial Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6485 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Srikant Yadav @ Tiger S/O Geno Yadav R/O Village- Jagiyatari, P.S- Jhajha,
Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr. Niranjan Parihar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.04.2025 in connection with Jhajha P.S. Case No. 169 of
2025, F.I.R. dated 07.04.2025 for the offences punishable under
Sections 309(4) and 317(2) of the BNS, 2023.
3. According to prosecution case, three unknown
miscreants intercepted the petitioner and poured some
poisonous liquid into his eyes and on the point of gun they
looted several articles from the informant along with Rs. 2 lakh
cash and key of his car and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.6485 of 2026(3) dt.23-03-2026
2/2
present case. The petitioner is not named in the FIR and his
name has been transpired during investigation on the basis of
self confessional statement of the petitioner and except the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has been identified in the TIP and
apart from that the petitioner carries four criminal antecedents
other than the present one. It is further stated that the recovery
has also been made from the possession of the petitioner.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
with Jhajha P.S. Case No. 169 of 2024 pending in the court of
learned Judicial Magistrate 1st Class, Jamui.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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