Patna High Court
Satyendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners, subject to monetary sureties and prescribed conditions.
Summary
The petitioners – Satyendra Yadav, Gautam Kumar and Naresh Yadav – were charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for an alleged assault on 23 December 2024 that resulted in the death of the informant’s father. The prosecution alleged that the accused used an iron rod to attack the informant and his father, while the petitioners contended that they were falsely implicated and that the informant was not an eye‑witness, with the specific assault attributed to another co‑accused, Prithvi Yadav. Earlier, an anticipatory bail application was rejected, but the petitioners sought regular bail, acknowledging their prior criminal antecedents and custody since July‑August 2025. The court examined the seriousness of the charges, the length of custody, and the lack of direct evidence against the petitioners, and decided to grant bail subject to monetary sureties and strict conditions. The bail order required the petitioners to appear at every trial date, not tamper with evidence or intimidate witnesses, and provided for cancellation if conditions were breached.
Issues considered
- Whether the petitioners are entitled to bail despite being charged with serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the earlier rejection of anticipatory bail can be revisited in view of the petitioners’ claims of false implication and lack of direct evidence.
- Whether the petitioners’ prior criminal antecedents and period of custody justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(3), 118(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- murder
- criminal procedure
- surety
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78787 of 2025
Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada
======================================================
Satyendra Yadav S/O Naresh Yadav R/O Karmatand, P.O and P.S - Kawakol,
District-Nawada, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79702 of 2025
Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada
======================================================
Gautam Kumar @ Gautam Yadav Son of Naresh Yadav Resident Of Village -
Karmatand, P.S. - Kawakole District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80725 of 2025
Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada
======================================================
Naresh Yadav S/o Late Mahavir Yadav Resident Of Village- Karmatand, Ps-
Kawakole, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78787 of 2025)
For the Petitioner/s : Mr.Swarna Roy, Advocate
For the informant : Mr. Md. Sufiyan, Advocate
Ms. Tooba Here, Advocate
Ms.Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 79702 of 2025)
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the informant : Mr. Md. Sufiyan, Advocate
Ms. Tooba Here, Advocate
Ms.Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr.Nityanand Tiwary, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 80725 of 2025)
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the informant : Mr. Md. Sufiyan, Advocate
Ms. Tooba Here, Advocate
Ms.Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, A.P.P.
Patna High Court CR. MISC. No.78787 of 2025(3) dt.06-02-2026
2/4
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State. Perused
the case diary.
2. The petitioners seek bail in connection with
Kawakole P.S. Case No. 456 of 2024, instituted for the offences
under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(3),
118(2), 109 and 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 25.07.2025 passed in Cr.
Misc. No. 30085 of 2025, anticipatory bail of the petitioners
was rejected by this Court considering the direct allegation
against the petitioners, with a liberty to renew the prayer after
six weeks, if the trial is not concluded.
4. Prosecution case, in short, is that on 23.12.2024 at
about 7.30 PM, all the FIR named accused persons assaulted
informant and his father by means of iron rod, as a result of
which, father of the informant died and three persons were left
injured.
5. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Learned counsel for the petitioners submitted that general and
Patna High Court CR. MISC. No.78787 of 2025(3) dt.06-02-2026
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omnibus allegation has been made against the petitioners.
Informant is not eye-witness to the occurrence. The specific
allegation of assault is against co-accused Prithvi Yadav, who
assaulted the deceased by means of Khanti. The petitioner of
Criminal Miscellaneous No. 78787 of 2025 has one criminal
antecedent and he is in custody since 11.08.2025, petitioner of
Criminal Miscellaneous No. 79702 of 2025 has one criminal
antecedent and he is in custody since 31.07.2025 and petitioner
of Criminal Miscellaneous No. 80725 of 2025 has one criminal
antecedent and he is in custody since 31.07.2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners. Learned
APP further submitted that there is allegation against the
petitioners of assaulting the deceased due to which he died and
therefore, the petitioners do not deserve to be released on bail.
7. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kawakole P.S. Case
Patna High Court CR. MISC. No.78787 of 2025(3) dt.06-02-2026
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No. 456 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
close member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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