Patna High Court
Gaurav YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioner's application for regular bail.
Summary
The petitioner, Gaurav Yadav, was arrested in connection with a case registered under Sections 147, 148, 149, 337, 338 and 302 of the Indian Penal Code for allegedly assaulting an informant’s brother‑in‑law over a loan, leading to the death of a co‑accused and the subsequent killing of the brother‑in‑law. The petitioner claimed innocence, argued that the allegations were omnibus and that co‑accused Pankaj Kumar and Diko Yadav had already been granted regular bail by a coordinate bench. The State opposed the bail application, citing the seriousness of the offences, including murder. The Court examined the facts, the bail status of co‑accused, and the petitioner’s custody since 02‑06‑2025, and concluded that bail could be granted despite the grave charges. Accordingly, the Court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail can be granted to an accused charged with offences under Sections 147, 148, 149, 337, 338 and 302 IPC, including murder, in the circumstances of the case.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 337, 338
Subjects
- regular bail
- Indian Penal Code
- murder
- rioting
- attempt to murder
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67552 of 2025
Arising Out of PS. Case No.-150 Year-2022 Thana- HASANPUR District- Samastipur
======================================================
Gaurav Yadav Son of Late Kari yadav R/o Village - Pridah, P.S. - Hasanpur,
Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shishir Kumar Shishir, Advocate
Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hasanpur P.S. Case No. 150 of 2022 registered for the offence
under Section(s) 147, 148, 149, 337, 338, & 302 of the Indian
Penal Code.
3. The prosecution case, in brief, is that on 26.05.2022
at about 10:00 AM, the petitioner along with other named
accused persons went to the house of the informant and asked
the informant’s brother-in-law (since deceased) to return the
loan of 30,000/- but on his inability to return the said amount,
all the accused persons started to assault the deceased and when
he tried to escape, one miscreant namely Jitendra Yadav fell on
Patna High Court CR. MISC. No.67552 of 2025(5) dt.06-01-2026
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the brick and died in order to catch the deceased. It is further
alleged that on the death of Jitendra Yadav, all the accused
persons searched for the informant’s brother-in-law and brutally
assaulted and killed him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. There
is case and counter case between the parties. He further submits
that there are general and omnibus allegation against the
petitioner, and he is in custody since 02.06.2025. He further
submits that the co-accused Pankaj Kumar @ Pankaj Yadav vide
Cr. Misc. No. 55309 of 2023 dated 30.08.2023 and co-accused
Diko Yadav vide Cr. Misc. No. 22736 of 2023 dated 20.03.2024
have been granted regular bail by a co-ordinate Bench of this
Court.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned A.C.J.M.-II, Rosera,
Patna High Court CR. MISC. No.67552 of 2025(5) dt.06-01-2026
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Samastipur/concerned Court below in connection with Hasanpur
P.S. Case No. 150 of 2022.
(Sandeep Kumar, J)
Shishir/-
U T
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