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Patna High Court

Rakesh Yadav @ Rakesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.77285 of 2025(3) dt.03-02-2026
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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
             Patna High Court CR. MISC. No.77285 of 2025(3) dt.03-02-2026
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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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