Patna High Court
Rakesh Yadav @ Rakesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Rakesh Yadav, was arrested in connection with a case of indiscriminate firing at an informant's shop, alleged under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 27 of the Arms Act. He contended that he was falsely implicated, not named in the FIR, and identified only through CCTV footage without any TI‑parade, and that the charge was vague. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The Court considered the lack of direct incriminating material, the petitioner’s custody period since 23‑07‑2025, and the nature of the identification, and decided to grant bail. Bail was ordered on furnishing a bond of Rs.15,000 with two sureties and conditions of appearance, with a provision for cancellation on default.
Issues considered
- Whether bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act despite the seriousness of the alleged crime.
- Whether identification of the accused solely through CCTV footage, without a TI‑parade or naming in the FIR, suffices to justify continued detention.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 3(5)
Subjects
- bail
- criminal procedure
- CCTV identification
- Arms Act
- Bharatiya Nyaya Sanhita
- prior antecedent
- charge framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77285 of 2025
Arising Out of PS. Case No.-265 Year-2025 Thana- BIHIA District- Bhojpur
======================================================
Rakesh Yadav @ Rakesh Kumar Yadav S/O Rambabu Yadav @ Bhuar Yadav
R/O Village- Charghat, P.S- Bahoranpur, Distt.- Bhojpur at Arra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Pandey, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Behia
P.S. Case No. 265 of 2025, instituted for the offences punishable
under Sections 109(1), 3(5) of the Bharatiya Nyaya Sanhita,
2023, read with Sections 25(1-B)(a), 26 and 27 of the Arms Act.
3. The prosecution case, in short, is that two
miscreants went to the shop of the informant and made
indiscriminate firing upon him and fled away from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
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possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
suspicion and identification through CCTV footage during
investigation. It is further submitted that no T.I. parade has been
conducted in this case. The allegation levelled against the
petitioner is general and omnibus in nature. The petitioner is in
custody since 23.07.2025 and has got one criminal antecedent in
which he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account 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 Behia P.S. Case No. 265 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
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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 prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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