Patna High Court
Akshay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Akshay Yadav was arrested in connection with a case alleging extortion, assault and firing on a victim's husband, charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, that no incriminating article was recovered from him, and that he had no prior criminal record, having been in custody since 13 November 2024. The State opposed bail, emphasizing the direct allegation of firing against the petitioner. After considering the facts, the period of custody, and the lack of material evidence linking the petitioner to the crime, the Court inclined to grant bail. The bail was ordered on the condition of a Rs.15,000 bond with two sureties, compliance with trial attendance, and a prohibition on tampering with evidence or influencing witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 118(2), 126(2), 308(4), 3(5)
Subjects
- bail
- extortion
- assault
- firearms
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74609 of 2025
Arising Out of PS. Case No.-521 Year-2024 Thana- MIRGANJ District- Gopalganj
======================================================
Akshay Yadav S/o Vinod Yadav R/o Ujra Narayanpur, P.S.- Uchkagaon,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with S.T. No.
247 of 2025 arising out of Mirganj P.S. Case No. 521 of 2024
instituted for the offences under Sections 126(2), 109, 118(2),
111, 308(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. Prosecution case, in short, is that, one Parmender
Yadav demanded Rs. 20 lakhs extortion from the husband of the
informant and, later on, he along with other accused persons
encircled the informant’s husband and assaulted him and also
fired upon him.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.74609 of 2025(3) dt.03-02-2026
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petitioner has falsely been implicated in the present case. No
incriminating/looted article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that from perusal of FIR, it appears that this petitioner
fired upon the informant. He further contended that the opinion
regarding the nature of injury is reserved. Learned counsel
further submitted that petitioner never demanded extortion and
nor any extortion was paid to the petitioner and, as a matter of
fact, the same was demanded by one Parmender Yadav. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 13.11.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
there is direct allegation of firing against the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Mirganj P.S. Case No. 521 of 2024,
Patna High Court CR. MISC. No.74609 of 2025(3) dt.03-02-2026
3/3
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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