Patna High Court
Luso Yadav @ Abhiranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the allegation of causing the fatal firearm injury is not made out against the petitioner and similarly situated co‑accused have been granted bail, the petitioner is entitled to bail.
Summary
The petitioner, Luso Yadav, was arrested in connection with a murder case (Sections 302, 120B, 34 IPC) and has been in custody since July 10, 2025. He contended that the fatal firearm injury was actually caused by co‑accused Pinku Yadav and that the bullet could not have been fired by him. The petitioner also pointed out that similarly situated co‑accused (Phudan Yadav and Bogan Yadav) had already been granted bail by other benches of the same court. The State opposed bail, but the court observed that the allegation of causing the fatal injury was not made out against the petitioner and that parity demanded bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the Bail and Bond (Section 437) Act.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 302, 120B and 34 of the IPC.
- Whether the prosecution has sufficiently alleged that the petitioner caused the fatal firearm injury.
- Whether the principle of judicial parity with co‑accused who have been granted bail warrants granting bail to the petitioner.
Legislation cited
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 120B
- Section 34
- judicial parity
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7245 of 2026
Arising Out of PS. Case No.-478 Year-2022 Thana- KHAGARIA District- Khagaria
======================================================
Luso Yadav @ Abhiranjan Kumar S/o- Narendra Yadav @ Narad Yadav R/v-
Shrinagar Chharrapatti Po- Chharrapatti W.NO-5, Ps- Sahebpur Kamal Dist-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Jha
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The defect(s) as pointed out by the office be
ignored for the present.
3. The petitioner seeks bail in connection with
Khagaria Muffasil P.S. Case No. 478 of 2022 registered for
the offence under Sections 302, 120B, 34 of the I.P.C.
4. The petitioner is named in the F.I.R. and is in
custody since 10.07.2025.
5. The allegation against the petitioner is to commit
murder of the brother of the informant by causing fire arm
injury where occurrence is alleged to be arising out of
previous enmity.
Patna High Court CR. MISC. No.7245 of 2026(2) dt.06-02-2026
2/3
6. Learned counsel appearing on behalf of the
petitioner submitted that allegation as to cause fatal fire arm
injury is specifically available against co-accused Pinku Yadav
@ Madhav, whereas as per allegation the bullet fired by this
petitioner could not hit Sanjay Yadav. It is submitted that
considering aforesaid aspect and nature of injury similarly
situated co-accused persons namely Phudan Yadav and Bogan
Yadav have already granted bail by different learned co-
ordinate Benches of this Court through Cr. Misc. No. 33333 of
2023 vide order dated 12.07.2023 and 57146 of 2023 vide
order dated 08.09.2023. In this context it is submitted that
as a matter of judicial parity this petitioner also deserves bail.
While concluding the argument, it is submitted that petitioner
found involved in two more criminal cases where he is on bail
and moreover, investigation of this case is completed, for
which charge-sheet has been submitted, as such, there is no
chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and by
taking note of fact that allegation qua causing fatal fire arm
Patna High Court CR. MISC. No.7245 of 2026(2) dt.06-02-2026
3/3
injury is not available against this petitioner, coupled with fact
as similarly situated co-accused persons have already granted
bail by different learned co-ordinate Benches of this Court,
where petitioner remains in custody since 10.07.2025,
accordingly petitioner above named, is directed to be released
on bail in connection with Khagaria Muffasil P.S. Case No. 478
of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned ADJ III, Khagaria/concerned court,
subject to the conditions as mentioned under Section 480(3)
of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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