Patna High Court
Raja Yadav @ Raja Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Summary
Raja Yadav was arrested on 21 May 2025 in connection with a murder case (Sakri P.S. Case No. 78 of 2025) and charged under several sections of the B.N.S. He applied for bail, claiming innocence and alleging that the FIR was fabricated and that the informant was not an eye‑witness. The prosecution opposed bail, citing the petitioner’s presence with the deceased, a co‑accused’s confession implicating him, and five prior criminal antecedents, though he was on bail for those matters. The court examined the material, including the case diary, and considered the seriousness of the offences and the petitioner’s antecedents. It concluded that bail could be granted provided a bond of Rs.10,000 with two sureties and strict conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. Accordingly, the petitioner was released on bail subject to those conditions.
Issues considered
- Whether bail should be granted to the accused in a serious offence involving murder and related charges.
- Whether the presence of the accused with the deceased and a co‑accused’s confession justify denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 118(1), 118(2), 126(2), 3(5), 351(2)(3), 61(2)
Subjects
- bail
- criminal procedure
- murder
- antecedent
- trial cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80232 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Raja Yadav @ Raja Kumar Yadav S/o Ram Karan Yadav R/o vill - Dolwa,
P.S.- Keoti, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Baleshwar Kamat, learned counsel for the
petitioner and Mr. Umesh Lal Verma, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
21.05.2025 in connection with Sakri P.S. Case No. 78 of 2025,
F.I.R. dated 17.05.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 118(2), 351(2) (3), 103(1),
61(2), 3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have killed the brother of the
informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in this
case. The allegation as alleged in the FIR is false and fabricated
Patna High Court CR. MISC. No.80232 of 2025(3) dt.22-01-2026
2/3
and the petitioner has not committed any offence as alleged in
the F.I.R. Informant is not an eye-witness of the alleged
occurrence and on the basis of suspicion, petitioner has been
implicated in the present case. Learned counsel further submits
that the police after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 21.05.2025.
5. Learned APP for the State on the other hand on the
basis of material available on record and the case diary has
vehemently opposed the prayer for bail of the petitioner and
submits that in paragraph no. 117 of case diary, the petitioner
was accompanied with the deceased and in paragraph no. 118,
the co-accused has confessed his guilt that he has committed
crime in question and the petitioner was one of the conspirator.
Apart from that the petitioner carries five criminal antecedents
other than the present one but fairly submits that he is on bail in
all the pending matters.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Madhubani in connection
with Sakri P.S. Case No. 78 of 2025, with the following
Patna High Court CR. MISC. No.80232 of 2025(3) dt.22-01-2026
3/3
conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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