Patna High Court

Kali YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner.

Summary

Kali Yadav was arrested in connection with a violent incident on 19-12-2024 in which he and other accused entered a house, assaulted family members, looted a motorcycle and briefly kidnapped a neighbour. He is charged under IPC Sections 147, 324, 323, 395 and 504. The petitioner sought regular bail, contending that he had already been granted bail for the same occurrence in a related case (Cr. Misc. No. 4163 of 2018) and that a co‑accused had also been bailed (Cr. Misc. No. 10736 of 2025). The State opposed bail, arguing the seriousness of the offences and the existence of a prior FIR. The Court considered the prior bail orders, the length of custody since 01‑08‑2024, and the fact that the charge‑sheet had been filed, and concluded that continued detention was unnecessary. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 147, 324, 323, 395 and 504 of the IPC
Whether the prior grant of bail in a related case and the bail of a co‑accused affect the present bail application
Whether the period of custody and filing of the charge‑sheet justify continued detention

Legislation cited

Indian Penal Code — s. 147, 323, 324, 395, 504

Subjects

bail
Indian Penal Code
rioting
dacoity
criminal procedure
prior bail
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74725 of 2025
                        Arising Out of PS. Case No.-277 Year-2017 Thana- JHAJHA District- Jamui
                 ======================================================
                 Kali Yadav S/o Tejo Yadav R/o Village- Banjama, P.S.- Jhajha, District- Jamui

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwari , Advocate
                 For the Opposite Party/s :       Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Jhajha P. S. Case No. 277/2017 in a case registered for the

                   offences punishable under Sections 147, 324, 323, 395, 504 of

                   the Indian Penal Code.

                                3. It is alleged that on 19.12.2024 at about 12 AM, all

                   the F.I.R. named accused persons including this petitioner

                   forcibly entered the informant’s house, assaulted his daughter-

                   in-law and grandson while searching for his son, Binod Yadav

                   and looted a Splendor motorcycle. It is further alleged that the

                   accused persons also kidnapped a neighbour named Bhagat,

                   who was later released on police arrival.

                                4. Learned counsel for the petitioner submits that for
            Patna High Court CR. MISC. No.74725 of 2025(2) dt.04-02-2026
                                                        2/2




                      the same occurrence, victim Bhagat Yadav himself lodged an

                      F.I.R. vide Jhajha P. S. Case No. 246 of 2014 in which the

                      present informant is witness and in that case, the petitioner has

                      already been granted bail by co-ordinate Bench of this Hon’ble

                      Court vide order dated 14.03.2018 passed in Cr. Misc. No. 4163

                      of 2018 and after lapse of three months, present case has been

                      lodged for the same occurrence. Petitioner is in custody since

                      01.08.2024 . Charge-sheet has already been submitted. Similarly

                      situated co-accused person has already been granted bail by this

                      Hon’ble Court vide order dated 02.05.2025 in Cr. Misc. No.

                      10736 of 2025 .

                                   5. Learned A.P.P. for the State vehemently opposes the

                      bail application.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and period of custody , the bail application is

                      allowed. Let the above named petitioner be released on bail on

                      furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of CJM

                      Jamui in connection with Jhajha P. S. Case No. 277 of 2017.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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