Patna High Court
Bhola YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
Bhola Yadav applied for bail in Session Trial No. 181 of 2025 for alleged offences under Sections 317(4), 317(5), 308(5), 303(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that during a raid on a neighbouring hut, a musket, iron sword and construction materials—purportedly stolen from another case—were recovered and linked to the petitioner. The petitioner contended that the items were planted, he was innocent, and he had previously been granted bail in a related matter. The court considered the length of his custody since May 2025, the framing of charges in December 2025, and the lack of incriminating material directly in his possession. Relying on Section 480(3) of the Bharatiya Nyaya Sanhita, the court ordered his release on bail with a Rs.10,000 bond, two sureties, and specific conditions regarding attendance and surety composition.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner is a flight risk or likely to tamper with evidence given the circumstances of the raid and prior custody.
- Whether the period of pre‑trial detention and the framing of charges justify continued detention.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2) r/w 3(5), 308(5), 317(4), 317(5), 480(3)
Subjects
- bail
- pre‑trial detention
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- session trial
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6593 of 2026
Arising Out of PS. Case No.-215 Year-2024 Thana- SHANKARPUR District- Madhepura
======================================================
Bhola Yadav S/O Late Bhumi Yadav R/O Village- Machhaha, Ward No. 2,
P.S.- Shankarpur, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
Mr. Deepak Kumar Singh, Advocate
Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Session Trial No. 181 of 2025 arising out of
Shankarpur P.S. Case No. 215 of 2024 registered for the alleged
offences under Sections 317(4), 317(5), 308(5), 303(2) r/w 3(5)
of Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26, 35
of the Arms Act.
03. As per prosecution case, during investigation of
Shankarpur P.S. Case No. 209 of 2024, a raid was conducted on
the house of this petitioner. The petitioner was found
absconding from his house and on search of a thatched hut
where dung cakeswere kept, a country made musket, iron sword
and a number of building construction materials, stated to be
Patna High Court CR. MISC. No.6593 of 2026(2) dt.04-02-2026
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forcibly brought case property of Shankarpur P.S. Case No. 209
of 2024, were recovered.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The recovered articles are planted and nothing
incriminating has been recovered from the possession of this
petitioner. Due to his criminal antecedent, the petitioner has
been falsely implicated in a number of cases including the
present one. The construction materials were purchased by the
petitioner and the same was also seized by the police. In
Shankarpur P.S. Case No. 209 of 2024, the petitioner was
granted bail by this Court vide order dated 06.01.2026 passed in
Criminal Misc. No. 69596 of 2025. The petitioner is in custody
since 09.05.2025 and charges were framed against him on
17.12.2025. The petitioner undertakes to co-operate in the trial.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and framing of charge against
him, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with
Patna High Court CR. MISC. No.6593 of 2026(2) dt.04-02-2026
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two sureties of the like amount each to the satisfaction of
learned Additonal Sessions Judge-II, Madhepura/court
concerned in connection with Session Trial No. 181 of 2025
arising out of Shankarpur P.S. Case No. 215 of 2024, subject to
the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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