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Patna High Court

Satyam Yadav @ Satyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          & 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
                                                       4/4




                     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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