Patna High Court
Baudhu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties, and specific conditions regarding court attendance, police station reporting, and non‑interference with witnesses.
Summary
The petitioner, Baudhu Yadav, was in judicial custody for offences alleged under multiple sections of the B.N.S and section 27 of the Arms Act, stemming from an incident where the complainant, Neetu Devi, claimed he shot her. The petitioner sought bail, acknowledging his criminal history but offering an undertaking to appear in court and a voluntary payment of Rs.5,000 to the complainant. The State opposed bail, citing the seriousness of the charges and the number of cases against the petitioner. The Court considered the length of custody, the pending trial, and the petitioner's assurances, and decided to grant bail with a bond of Rs.10,000 and two sureties, imposing several conditions including regular court appearances, police station attendance, and non‑interference with witnesses. The bail order also required the petitioner to provide a family member as a surety and to refrain from any further criminal activity.
Issues considered
- Whether bail should be granted to the petitioner despite multiple serious charges and prior criminal cases
- Whether the conditions imposed are sufficient to ensure the petitioner’s compliance with the trial process
Legislation cited
Subjects
- bail
- judicial custody
- criminal procedure
- Arms Act
- conditions of bail
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76600 of 2025
Arising Out of PS. Case No.-100 Year-2024 Thana- MANPUR District- Nalanda
======================================================
Baudhu Yadav S/o Late Bijendra Yadav @ Virju Yadav R/o Village-
Gogharipar (Gogripar), P.S.- Manpur, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Agarwal, Sr. Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-01-2026 Heard Mr. N.K. Agarwal, learned Senior Counsel for
the petitioner and the State.
2. The petitioner is in judicial custody in connection
with Manpur P.S. Case no-100 of 2024 registered for offence
under sections 191(2), 191(3),190,126(2),115(2), 74,329(4),
109,352,303(2) of the B.N.S and section 27 of the Arms Act
lodged on 20.07.2024 by the informant, Neetu Devi.
3. As per the prosecution story, the informant alleged
that in the evening when she came out of the door, the accused
persons including this petitioner were there and after abusing,
allegation is that this petitioner opened fire causing injury on her
leg. She became unconscious and regained consciousness only
in the Hospital. This led to the FIR.
4. Learned Senior Counsel submits that the petitioner
Patna High Court CR. MISC. No.76600 of 2025(3) dt.16-01-2026
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has already suffered by being in custody since 20.07.2024.
However, he concedes that number of criminal cases under his
belt. The submission is that if granted bail, he shall not indulge
in any criminal activity and further diligently appearing in trial.
Failure to abide any of the aforesaid undertaking, the State shall
be free to take steps for cancellation of bail bonds, if relief is
extended. Last submission is that irrespective of the outcome of
the present case and/or accepting the allegation, the petitioner
intends to contribute Rs.5000/- to the lady Neetu Devi through
Demand Draft issued by the local State Bank of India branch/
Any Nationalized Bank to be submitted before the concerned
Court and handed over to the informant, Neetu Devi after
checking the credential.
5. Learned APP, Mr. Jitendra Kumar Singh opposes
the prayer submitting that he has number of criminal cases and
some of the witnesses have already been examined.
6. Though, the allegation is there, trial has still not
completed, is in custody since 20.07.2024, an undertaking has
been given that the petitioner shall be diligently appearing in
trial, in that background, this Court is inclined to extend him
the privilege of bail with conditions subject to payment of
Rs.5000/- to the lady Neetu Devi through Demand Draft issued
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by the local State Bank of India branch/ Any Nationalized Bank
to be submitted before the concerned Court and handed over to
the informant, Neetu Devi after checking the credential.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned A.D.J.2nd cum
POCSO-I, Nalanda at Bihar Sharif, in connection with Sessions
Trial No. 964 of 2024 arising out of Manpur P.S. Case No. 100
of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter ID/Driving License/Pan Card) to
show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
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(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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