Patna High Court
Om Prakash 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
The petitioner, Om Prakash Yadav, was charged under Sections 147, 148, 149, 452, 504, 506 of the IPC, Sections 3 and 4 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act for allegedly demolishing a house with dynamite, forcibly entering the premises, and threatening the victim's family. He has been in custody since 14 March 2025 and possesses four prior criminal convictions. The petitioner contended that he was falsely implicated, that the allegations were vague, and that no material was recovered from his possession. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s antecedents. The Court, after considering the circumstances, granted bail subject to a cash bond of Rs. 15,000 with two sureties and a series of conditions regarding appearance, non‑tampering with evidence, and restriction on leaving the jurisdiction.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences and his prior criminal record.
- Whether the prosecution has produced sufficient material to justify continued detention.
- Whether the conditions imposed are appropriate under bail jurisprudence.
Legislation cited
- Criminal Law Amendment Act — s. 17
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 147, 148, 149, 452, 504, 506
Subjects
- bail
- criminal procedure
- IPC offences
- explosive substances
- criminal antecedents
- false implication
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76259 of 2025
Arising Out of PS. Case No.-46 Year-2016 Thana- ATRI District- Gaya
======================================================
Om Prakash Yadav S/o Late Kuldeep Yadav R/o Village- Mohra, P.S.- Atri,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Atri
P.S. Case No. 46 of 2016 instituted for the offence under
Sections 147, 148, 149, 452, 504 & 506 of the Indian Penal
Code, Sections 3 & 4 of the Explosive Substance Act and
Section 17 of the Criminal Law Amendment Act.
3. The prosecution case, in short, is that on
03.03.2016, the informant was told by phone that his ancestral
house was demolished by dynamite, following which he
informed the police. It is alleged that Om Prakash Yadav
(petitioner) along with others, forcibly entered the house,
expelled the informant’s mother and daughter-in-law, and
Patna High Court CR. MISC. No.76259 of 2025(3) dt.28-01-2026
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snatched household articles. The accused further allegedly
threatened the informant’s mother to withdraw a murder case,
failing which the entire family would be killed.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 14.03.2025. Petitioner
bears four criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. There is no specific allegation against the petitioner, rather
the same is general and omnibus in nature. Nothing has been
recovered from the conscious possession of the petitioner. There
is no cogent material against the petitioner to establish his role
in the alleged occurrence. Charge sheet has already been
submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and period of custody of the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
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Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Atri P.S. Case No. 46 of 2016, subject to the
following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses of the case by intimidating/pressurizing the witnesses,
during the investigation or trial, in that case, prosecution will be
at liberty to move for cancellation of bail of the petitioner.
(IV) If the petitioner is found indulged in any criminal
activity or commission of any crime after being released on bail,
the prosecution will be at liberty to file an appropriate
application before the court below for cancellation of his bail.
(v) The petitioner shall not leave the territorial
jurisdiction of the court below without its prior permission.
Raj Kishore/- (Rudra Prakash Mishra, J)
U T
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