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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5), 61(2)
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
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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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