Patna High Court
Akhilesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioners with a bond and conditions, allowing their release pending trial.
Summary
The petitioners, five Yadav brothers, were arrested in a case (PS Halsi Case No.81 of 2025) alleging they abducted a minor girl, attempted to assault her modesty, and assaulted an informant with lathi and weapons, under multiple sections of the Bihar Naxal (BNS) Act, 2023. The petitioners contended that they were falsely implicated due to local village politics, that the FIR contained vague and contradictory allegations, that the victim's statement under Section 183 of the BNS Act conflicted with the FIR, and that the medical report did not support the prosecution's case. The State opposed the bail application. The High Court, after hearing counsel, held that bail should be granted subject to a bond of Rs.10,000 with two sureties and strict conditions of physical presence before the trial court and a presumption of misuse if the petitioners are found in similar offences. The order also allowed the prosecution to move for cancellation of bail if necessary. Consequently, the petitioners were released on bail pending trial.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the BNS Act, 2023
- Whether the allegations in the FIR are specific enough to deny bail
Subjects
- bail
- false implication
- village politics
- assault
- minor
- criminal procedure
- Section 183
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79957 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
1. Akhilesh Yadav, aged about 30 years (Male), S/O Late Khelawan Yadav @
Ram Khelawan Yadav, R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai.
2. Shrawan Yadav, aged about 33 years (Male), S/O Late Kaushal Yadav, R/O
Village- Jahona, P.S- Halsi, Distt.- Lakhisarai.
3. Shyam Nandan Yadav, aged about 30 years (Male), S/O Late Kaushal
Yadav, R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai.
4. Raj Ballabh Yadav, aged about 55 years (Male), S/O Late Haro Yadav, R/O
Village- Jahona, P.S- Halsi, Distt.- Lakhisarai.
5. Shambhu Yadav, aged about 31 years (Male), S/O Late Rabindra Yadav R/O
Village- Jahona, P.S- Halsi, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners, learned
counsel for the State and perused the case diary.
2. The petitioners are in custody in a case registered
for the offence punishable under Sections 126(2), 127(2),
115(2), 76, 78, 324(4), 118(1), 351(2), 329(4) and 3(5) of the
BNS, 2023.
3. As per allegation in the FIR, all the FIR named
accused persons caught her minor daughter and attempted to
harm the modesty of the minor girl and the informant and later
Patna High Court CR. MISC. No.79957 of 2025(4) dt.21-01-2026
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on was also assaulted by lathi bricks and weapon by the
petitioners.
4. Learned counsel for the petitioner submits that
petitioners have falsely been implicated in this case due to local
village politics. He next submits that the allegation against the
petitioners are general and omnibus in nature and there is no
specific allegation of assault against the petitioners. He next
submits that the version of the FIR, directly contradicts the
statement of the victim as recorded under Section 183 of the
BNSS and all the accused persons are brothers of the same
family, there is case and counter case between them and medical
report does not supports the case of the prosecution.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the light of the aforesaid facts, let the above
named petitioners be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
Ist Class, Lakhisarai in connection with Halsi P.S. Case No. 81
of 2025, subject to the conditions that the petitioners shall
remain physically present on each and every date as fixed by the
learned trial Court till conclusion of the trial and if the
Patna High Court CR. MISC. No.79957 of 2025(4) dt.21-01-2026
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petitioners shall found in similar nature of offence, it shall be
presumed that the petitioners have misused the privilege of bail,
in these circumstances, the informant/prosecution is at liberty to
move before the trial Court for cancellation of bail bonds of the
petitioners.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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