Patna High Court
Bindeshwar Yadav @ Karamchari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding the allegations vague and unsupported by material evidence.
Summary
The petitioner, Bindeshwar Yadav, was arrested in connection with a 2010 case alleging his participation in an extremist attack on a construction company’s camp, involving extortion, arson and use of explosives. The prosecution’s case relied solely on a confessional statement of a co‑accused, with no other material linking the petitioner to the offences. The petitioner argued that the allegation was vague, the charge sheet had already been filed, and co‑accused had previously been granted bail. The State opposed bail, citing the seriousness of the offences. Considering the lack of substantive evidence, the petitioner’s custody duration, and precedent of bail to co‑accused, the court ordered his release on bail with a bond of Rs 10,000, two sureties and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC, Explosive Substances Act and CLA Act.
- Whether the evidence, limited to a co‑accused’s confessional statement, is sufficient to deny bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable.
Legislation cited
- BNSS — s. 480(3)
- CLA Act — s. 17
- Explosive Substances Act — s. ¾
- Indian Penal Code — s. 147, 149, 307, 342, 386, 427, 435
Subjects
- bail
- Indian Penal Code
- Explosive Substances Act
- CLA Act
- Section 480(3) BNSS
- extortion
- terrorism
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72906 of 2025
Arising Out of PS. Case No.-82 Year-2010 Thana- TEKARI District- Gaya
======================================================
Bindeshwar Yadav @ Karamchari Yadav, S/o Late Ramdas Yadav, R/o Village
- Kuar Bigha, P.S - Rafiganj, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mrs.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Tekari P.S. Case No. 82 of 2010, registered for
the alleged offences under Sections 147, 149, 342, 435, 427,
307, 386 of the Indian Penal Code, Section ¾ of Explosive
Substances Act and Section 17 of CLA Act.
3. As per prosecution case, a number of Maowadi
extremists attacked the camp of a construction company and set
on fire Hywa trucks. The extremists had been demanding levy
(extortion money) from the construction company. The name of
the petitioner surfaced during investigation as one of the
accused persons, who participated in the aforesaid occurrence.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.72906 of 2025(3) dt.07-01-2026
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the name of the petitioner came up in this case in the
confessional statement of one Bhushan Sharma @ Bipin Ji and
except for that, there is no other material to show the complicity
of the petitioner in the whole occurrence. The co-accused, who
named this petitioner has been granted bail vide order dated
16.04.013 passed in Cr. Misc. No. 48910 of 2012 by a Bench of
this Court. The other similarly placed co-accused persons have
been granted bail by different Benches of this Court vide orders
dated 28.10.2010 & 25.02.2011 passed in Cr. Misc. Nos. 36048
of 2010 & 35483 of 2010, respectively. The petitioner is in
custody since 21.04.2025 and charge sheet has been submitted.
The petitioner has got criminal antecedent of two cases and he is
on bail in those cases.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation with lack of material against the
petitioner and further considering the period of custody of the
petitioner and submission of charge sheet, the petitioner is
directed to be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.72906 of 2025(3) dt.07-01-2026
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each to the satisfaction of learned Additional Chief Judicial
Magistrate-VI, Gaya/court concerned, in connection with
Tekari P.S. Case No. 82 of 2010, subject to the conditions
mentioned in Section 480 (3) of BNSS and also the following
conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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