Patna High Court
Satyam Yadav @ Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, subject to monetary sureties and conditions, finding no specific allegation against them and considering the charge sheet sufficient for release.
Summary
Kailash Yadav and Satyam Yadav were arrested in connection with a case alleging assault on an informant and his family, resulting in the death of the informant's father. The petitioners argued that they were falsely implicated, that no specific allegations or incriminating material were found against them, and that the charge sheet was the only basis for the case. The State opposed bail, emphasizing the seriousness of the assault and the death caused. The court examined the custody period, the lack of specific charges, and the existence of a charge sheet, and decided to grant bail with monetary sureties and strict conditions. The bail order required the petitioners to appear for trial, refrain from tampering with evidence or influencing witnesses, and allowed cancellation of bail upon violation.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita for offences including assault and homicide despite the seriousness of the alleged crime
- Whether the absence of specific allegations or recovered incriminating articles justifies bail
- Whether the filing of a charge sheet suffices to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(2), 126(2), 303(2), 333, 351(3), 352
Subjects
- bail
- assault
- homicide
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78833 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- Pastpar Pusthi District- Saharsa
======================================================
Kailash Yadav S/O Shri Akhleshwari Yadav R/O Village- Jalaiya, Ward No.
01, P.S.- Pastpar, Distt.- Saharsa852107
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79099 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- Pastpar Pusthi District- Saharsa
======================================================
Satyam Yadav @ Satyam Kumar S/O Shri Digamber Yadav R/O Village-
Jalaiya Ward No, 01, P.S.- Pastpar, Distt- Saharsa 852107
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78833 of 2025)
For the Petitioner/s : Mr.Navin Prasad Singh, Advocate
Mr. Narayan Singh, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, A.P.P.
Mr. Amarnath Jha, Advocate
(In CRIMINAL MISCELLANEOUS No. 79099 of 2025)
For the Petitioner/s : Mr.Navin Prasad Singh, Advocate
Mr. Narayan Singh, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, A.P.P.
Mr. Amarnath Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State as also learned counsel for the informant.
Perused the case diary.
2. The petitioners seek bail in connection with Pastpar
P.S. Case No. 23 of 2024 instituted for the offence under
Sections 126(2), 115(2), 118(2), 303(2), 109, 333, 352, 351(3)
Patna High Court CR. MISC. No.78833 of 2025(4) dt.06-02-2026
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& 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Subsequently, Section 103(1) of the BNS was added.
3. As per the prosecution case, petitioners along with
other co-accused persons have assaulted the informant as well
as the family members of the informant in which father of the
informant was severely injured and during the course of
treatment, he died.
4. It has been submitted on behalf of the petitioners
that the petitioners are in custody since 22.05.2025 and
11.06.2022, respectively. The petitioner in Criminal
Miscellaneous No. 78833 of 2025 bears one criminal
antecedent, whereas petitioner in Criminal Miscellaneous No.
79099 of 2025 bears no criminal antecedent.
5. It has been further submitted by the petitioner’s
counsel that petitioners have been falsely implicated in the
present case. It is submitted that there is no specific allegation
attributed to the petitioners, rather there is general and omnibus
allegation levelled against them. Learned counsel next submits
that no incriminating articles has been recovered from the
possession of the petitioners. It is submitted that during medical
treatment father of the informant died and cause of the death is
hemorrhage and shock, but is is not clear from the FIR as well
Patna High Court CR. MISC. No.78833 of 2025(4) dt.06-02-2026
3/4
as the case diary that who has beaten him due to which he was
severely injured. Police after completion of investigation has
submitted charge sheet in this case.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. They submits that petitioner along with
other have assaulted the informant’s father with butt of the pistol
due to which he became unconscious and fell down on the
ground and during treatment, he died.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners, there being no
specific allegation against the petitioner and charge sheet being
submitted, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pastpar P.S. Case
No. 23 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
Patna High Court CR. MISC. No.78833 of 2025(4) dt.06-02-2026
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consecutive dates without sufficient cause.
(III) The petitioner 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
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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