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Patna High Court

Lalit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court grants bail to the petitioner, subject to a bond and sureties.

Summary

Lalit Yadav applied for bail in a case (Maheshkhunt P.S. Case No.124 of 2025) involving offences under Sections 103(1), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR was based on the informant’s statement and a co‑accused, not on any eye‑witness testimony, and the petitioner claims he was falsely implicated. He has been in custody since 5 August 2025 and has one prior criminal antecedent. The State opposed bail, but the court noted the lack of direct evidence and the petitioner’s custody duration, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to the Sub‑Divisional Judicial Magistrate. The court clarified that its observations are prima facie and do not prejudice the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences charged.
  • Whether the lack of an eye‑witness and reliance on a co‑accused’s statement justify bail.
  • Whether the petitioner’s prior criminal antecedent and period of custody affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • prima facie
  • antecedent
  • non-eye-witness
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6610 of 2026
                  Arising Out of PS. Case No.-124 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Lalit Yadav Son of Late Mahendra Yadav Resident of village - Patel Nagar,
                 Rajdham, P.S.- Maheshkhunt, District - Khagaria
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jai Kishor Poddar, Adv.
                 For the Opposite Party/s :      Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   06-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Maheshkhunt P.S. Case No. 124 of 2025 instituted for the

                   offences under Sections 103(1), 238, 61(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita and Section 27 of Arms Act.

                                3. The informant has lodged the F.I.R. with the

                   allegation that she was married to one Sushil Kumar and

                   thereafter she started living with Suman Kumar. Her husband

                   had gone to jail in Agartala for smuggling of ganja and

                   thereafter he had went to jail in connection with motor theft and

                   he was also taken into custody in connection with cases under

                   Excise Act. She was informed by Saurav Kumar that her

                   husband had a fight with Lalit Yadav and Ram Chandra Yadav

                   and five to six persons had taken him away.

                                4. Learned counsel for the petitioner submits that the
           Patna High Court CR. MISC. No.6610 of 2026(4) dt.06-05-2026
                                                       2/2




                     petitioner is innocent and has falsely been implicated in the

                     present case. The petitioner is in custody since 05.08.2025 and

                     has got one criminal antecedent.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering that the informant is not an eye-

                     witness to the occurrence and the name of the petitioner has

                     transpired in the F.I.R. on the basis of statement of a co-accused

                     and the petitioner is in custody since 05.08.2025 with one

                     antecedent, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

                     the like amount each to the satisfaction of learned Sub

                     Divisional Judicial Magistrate, Khagaria/concerned Court in

                     connection with Maheshkhunt P.S. Case No. 124 of 2025.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                       (Ansul, J)
abhishekkr/-

U      T


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