Patna High Court
Shiv YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court allowed the bail application, granting regular bail subject to strict conditions.
Summary
Shiv Yadav was arrested in connection with a road blockade case (PS Parbatta Case No.151 of 2025) alleging assault on police, damage to vehicles, and other offences under numerous sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, that the FIR named 15 accused of which 14 had been granted police bail while he alone was denied, and that the allegations against him were vague and general. The State opposed bail, noting a discrepancy in the number of pending criminal cases disclosed by the petitioner. The High Court examined the facts, the petitioner’s custody since July 2025, and the pending case count, and ordered his release on regular bail with a Rs.10,000 bond, two sureties, and several conditions including regular court appearances and verification of criminal antecedents. The order also stipulated cancellation of bail for non‑cooperation, tampering with evidence, or new similar charges. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations in the FIR are specific enough to deny bail.
- Whether the discrepancy in the number of pending criminal cases affects the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 121(1), 132, 189(2), 190, 191(2), 191(3), 221, 223, 285, 324(4), 324(5), 352, 353, 61(2), 74
- Code of Criminal Procedure, 1973 — s. 41
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- pending criminal cases
- police bail
- bail conditions
- road blockade case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77459 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Shiv Yadav S/O Late Bhogi Yadav R/O Village- Baisa, Police Station-
Parbatta, (Madaiya), District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Yadav, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seek regular bail in Parbatta P.S.
Case No. 151 of 2025 dated 25-04-2025 registered under
Sections 189(2), 191(2), 191(3), 190, 221, 223, 285, 121(1),
132, 324(4), 324(5), 74, 352, 353 and 61(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. Allegation against the petitioner along with other
accused persons is that they instigated a road blockade,
assaulted police personnel, damaged vehicles, pelted stones,
abused officials, and misbehaved with women and passengers.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the FIR has been lodged
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against 15 named accused persons, including the petitioner and
15-20 unknown persons. Out of the 15 named accused, 14 co-
accused persons have been granted the benefit of police bail
under Section 41 Cr.P.C., whereas the petitioner alone has been
denied the same. It is further submitted that as per statement
made in paragraph 3 of the bail petition although 23 cases are
shown pending against the petitioner, he has already been
acquitted in 19 cases, final report has been submitted in one
case and in the remaining three cases he is already on bail.
Learned counsel further submits that there is no specific
allegation against the petitioner and that the allegations are
general and omnibus in nature. Lastly, it is submitted that the
petitioner has been in judicial custody since 13.07.2025.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer for bail and submitted that as per his
instructions, 25 criminal cases are pending against the petitioner
whereas only 23 criminal cases have been disclosed in
paragraph 3 of the bail petition.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
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each to the satisfaction of the learned J.M. F.C. Khagaria, in
connection with Parbatta P.S. Case No. 151 of 2025, subject to
the following conditions:- (i) that the petitioner shall co-operate
in the trial and shall be properly represented on each and every
date fixed by the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be cancelled
by the court below, (ii) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
his wife, (iii) that the bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made accused
in any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse (iv)
that if the petitioner tampers with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail and (v) that the petitioner will appear before
the SHO of concerned PS in the first week of each month till the
framing of charge in this case.
7. It is made clear that the learned court below before
releasing the petitioner on bail shall verify the criminal
antecedents of the petitioner from the Senior Superintendent of
Police/Superintendent of Police, Khagaria through the local
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investigating agency and if it is found that the petitioner has
more than 23 criminal cases, as disclosed in paragraph 3 of the
bail petition, he shall not be released on bail and this order shall
be treated as stands rejected.
8. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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