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Patna High Court

Sushil Yadav @ Sushil Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail petitions were dismissed.

Summary

The petitioners, including Rahul Raj and others, were accused of assaulting the informant's brother at a bridge construction site, resulting in the victim's death. The FIR alleged offences under Sections 115(2), 126(2), 308(5), 103(1) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. Fearing arrest, they filed anticipatory bail petitions in three separate criminal miscellaneous cases. The court examined the seriousness of the charges, the presence of multiple eyewitnesses, and the fact that the accused were directly implicated in the homicide. Considering the gravity of the allegations and the strength of the prosecution's case, the court dismissed all three anticipatory bail petitions.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the charges of assault, homicide, and illegal possession of arms
  • Whether the seriousness of the offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act precludes the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • homicide
  • arms act
  • bail denial
  • serious offence

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.76909 of 2025
         Arising Out of PS. Case No.-235 Year-2025 Thana- CHAUSA District- Madhepura
     ======================================================
     Rahul @ Rahul Raj S/O Parmanand Yadav Resident of Village- Gariya Tola
     Bhatgama Ward No. 14, Police Station- Chausa, Distt.- Madhepura.

                                                                     ... ... Petitioner/s
                                          Versus
     The State of Bihar

                                            ... ... Opposite Party/s
     ======================================================
                                            with
                CRIMINAL MISCELLANEOUS No. 79833 of 2025
         Arising Out of PS. Case No.-235 Year-2025 Thana- CHAUSA District- Madhepura
     ======================================================
1.    Sushil Yadav @ Sushil Kumar Yadav Son of Late Balbir Yadav Resident of
      Village - Bhatgama, Ward No. 12, Police Station - Chausa, Dist. -
      Madhepura.
2.   Niranjan Yadav Son of Late Balbir Yadav Resident of Village - Bhatgama,
     Ward No. 12, Police Station - Chausa, Dist. - Madhepura.

                                                                     ... ... Petitioner/s
                                          Versus
     The State of Bihar

                                            ... ... Opposite Party/s
     ======================================================
                                            with
                CRIMINAL MISCELLANEOUS No. 81081 of 2025
         Arising Out of PS. Case No.-235 Year-2025 Thana- CHAUSA District- Madhepura
     ======================================================
     Akash Yadav @ Akash Kumar Son of Sushil Kumar Yadav@ Sushil Yadav
     Resident of Village- Bhatgama ward No 12 Police Station -Chausa, Dist-
     Madhepura

                                                                     ... ... Petitioner/s
                                          Versus
     The State of Bihar

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 76909 of 2025)
     For the Petitioner/s     : Mr.Dr. Manoj Kumar
     For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
     (In CRIMINAL MISCELLANEOUS No. 79833 of 2025)
     For the Petitioner/s     : Mr.Dr. Manoj Kumar
     For the Opposite Party/s : Mr.Shyameshwar Dayal
         Patna High Court CR. MISC. No.76909 of 2025(3) dt.13-01-2026
                                                     2/3




                 (In CRIMINAL MISCELLANEOUS No. 81081 of 2025)
                 For the Petitioner/s     : Mr.Dr. Manoj Kumar
                 For the Opposite Party/s : Mr.Sunil Kumar Pandey
                 For the Informant
                 (in all three cases)     : Mr.Ramendra Kumar Bharti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                    Heard learned counsel for the petitioners, learned

                   A.P.P for the State (in all three cases) and learned counsel for

                   the informant.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 115(2), 126(2),

                   308(5), 103(1) of the B.N.S., 2023 and Section 27 of the Arms

                   Act.

                                3. As per F.I.R., on 21.08.2025 at about 4:30 PM, all

                   the accused persons including these petitioners came to

                   construction site of bridge, where brother of informant was

                   working as Munshi, and assaulted brother of informant brutally

                   with iron rod and wooden log and thereafter, petitioners Sushil

                   Yadav, Akash Yadav, Niranjan Yadav & co-accused Prahlad

                   Yadav fired bullets into the legs & hands of brother of

                   informant, as a result of which, during treatment he died. During

                   investigation, number of witnesses have supported the

                   prosecution case and have taken the name of these petitioners in

                   their statements.

                                4. Considering the nature of accusation,      all the
           Patna High Court CR. MISC. No.76909 of 2025(3) dt.13-01-2026
                                                       3/3




                     aforesaid three anticipatory bail petitions stand dismissed.



                                                         (Prabhat Kumar Singh, J)
anay

U      T


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