Patna High Court
Om Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Om Prakash Yadav, was arrested in connection with a FIR alleging offences under multiple sections of the Indian Penal Code and the Arms Act, including murder and assault. He had previously filed two anticipatory bail applications which were withdrawn, and was in custody since April 2025. The petitioner argued that co‑accused Subodh Yadav and Kulwant Yadav, facing similar allegations, had been granted anticipatory and regular bail respectively, and that he has a clean antecedent. The State and the informant opposed bail, citing the framing of charges and a risk of absconding, but could not rebut the parity argument. The Court, noting the petitioner’s clean record and the precedent of bail to the co‑accused, granted bail on a bond of Rs.10,000 with two sureties and a condition that one surety be his brother‑in‑law, subject to cancellation if he delays or fails to appear in trial.
Issues considered
- Whether bail should be granted to the petitioner despite serious IPC and Arms Act charges.
- Whether the grant of bail to co‑accused persons on similar allegations creates a parity requirement for the petitioner.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 337, 338, 341, 379
Subjects
- bail
- anticipatory bail
- Indian Penal Code
- Arms Act
- parity
- clean antecedent
- trial court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67041 of 2025
Arising Out of PS. Case No.-111 Year-2022 Thana- KHIRI MORE District- Patna
======================================================
Om Prakash Yadav S/o Late Ram Kewal Yadav R/o Village - Anchal Tola, P.S
- Khiri More, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Nageshwar Singh, Advocate
For the State : Mr. Raj Kishor Singh, APP
For the Informant : Mr. Shyam Kishore, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner, learned APP
for the State as well as learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
325, 307, 379, 337 and 338 of the Indian Penal Code as well as
Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that the accused persons including the petitioner came
and petitioner along with Subodh Yadav and Kulwant Yadav
were carrying Bhala and they assaulted Awadhesh Yadav
leading to his death, apart from other allegations.
Patna High Court CR. MISC. No.67041 of 2025(4) dt.25-02-2026
2/4
4. Learned counsel for the petitioner submits that
petitioner had earlier moved before this Court seeking
anticipatory bail by filing Criminal Miscellaneous No.62592 of
2023 but then the same was sought to be withdrawn by an order
dated 12.03.2024. Thereafter, petitioner again filed second
anticipatory bail application being Criminal Miscellaneous
No.50217 of 2024 and the same also was not entertained and
was permitted to be withdrawn by an order dated 5.09.2024 and
thereafter petitioner was arrested and is in custody since
19.04.2025. It is further submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
allegation against petitioner Subody Yadav and Kulwant Yadav
is similar but then the allegation of assault is not specific. It is
further submitted that Subodh Kumar had approached this Court
seeking anticipatory bail by filing Criminal Miscellaneous
No.75184 of 2023 and the same came to be allowed by an order
dated 10.05.2024 passed by a learned Coordinate Bench.
Further, Kulwant Yadav also approached this Court seeking
regular bail by filing Criminal Miscellaneous No.30095 of 2023
and the same also came to be allowed by an order dated
19.08.2023 passed by a learned Coordinate Bench. It is thus
submitted that the case of the petitioner if not akin is similar to
Patna High Court CR. MISC. No.67041 of 2025(4) dt.25-02-2026
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the case of Subodh and Kulwant thus, based on parity, the
learned counsel seeks bail.
5. Learned APP for the State and the learned counsel
appearing on behalf of the informant oppose the bail application
but then are not in a position to rebut the submission of the
learned counsel appearing on behalf of the petitioner that
Subodh and Kulwant having similar allegation have already
been enlarged on anticipatory and regular bail as recorded
hereinabove but then the learned counsel appearing on behalf of
the informant submits that charges against the petitioner have
been framed and if privilege of bail is granted to the petitioner,
the petitioner may abscond on which the learned counsel
appearing on behalf of the petitioner submits that petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
6. Considering the submissions made by learned
counsel for the petitioner and also taking into consideration the
fact that petitioner is a person with clean antecedent, let
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Danapur, Patna in connection with Khiri
Patna High Court CR. MISC. No.67041 of 2025(4) dt.25-02-2026
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More P.S. Case No.111 of 2022, subject to the condition that one
of the bailors of the petitioner shall be his brother-in-law,
Rajendra Yadav.
7. However, it is made clear that if the learned Trial
Court comes to a conclusion that petitioner after his release is
trying to delay the trial in any manner or is not appearing in the
trial or does not appear in the trial on two consecutive dates
without any plausible explanation, in both the conditions, the
learned Trial Court shall be at liberty to cancel the bail bond of
the petitioner.
(Satyavrat Verma, J)
Sanjay/-
U T
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