Patna High Court
Lalan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Lalan Yadav was arrested on 9 June 2025 in connection with a 2013 case involving a blast that resulted in deaths. He is charged under multiple provisions of the IPC, Arms Act, Explosive Substances Act, CLA Act, UAPA and the PDPP Act. The prosecution’s case rests on the informant’s testimony and the confessional statements of co‑accused Prakash Verma and Vijay Singh, who have already been granted bail. The petitioner contends he was never named in the FIR, no material has been recovered from him, and there is no other evidence linking him to the offences. The State highlighted six prior criminal antecedents but also noted that the petitioner is already on bail for those matters. The High Court, after considering the lack of direct evidence and the petitioner’s cooperation, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- What is the appropriate decision on the bail application of the petitioner given the seriousness of the charges and the evidentiary material available?
Legislation cited
- Arms Act — s. 27
- C.L.A. Act — s. 17
- Explosive Substances Act — s. 3, 4, 5
- Indian Penal Code — s. 147, 148, 149, 302, 427
Subjects
- bail
- criminal procedure
- IPC
- murder
- explosives
- arms
- UAPA
- antecedents
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80242 of 2025
Arising Out of PS. Case No.-47 Year-2013 Thana- KHUDWA District- Aurangabad
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Lalan Yadav S/O Late Ganeshi Yadav R/O Village- Jujharpur, P.S- Goh,
Distt.- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Krishna Prasad Singh, learned senior
counsel for the petitioner as well as Mr. Umanath Mishra,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.06.2025 in connection with Khudwa P.S. Case No. 47 of
2013, F.I.R. dated 18.10.2013 for the offences punishable under
Sections 302, 147, 148, 149, 427 of Indian Penal code and
Section 27 of Arms Act, ¾ of P.D.P.P Act, Section 3,4,5 of
Explosive Substance Act, Section 17 of C.L.A Act and Section
10/20 of U.A.P.A Act.
3. According to prosecution case, the informant
alleged that on 17.10.2013,when she was returning with one
Arun Pandey, then she saw her husband and other persons going
in vehicle and after that a blast happened in which her husband
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and others died. The informant identified the accused persons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name transpired during investigation on the basis of
confessional statement of co-accused person, namely, Prakash
Verma and Vijay Singh and both the co-accused have been
granted the privilege of regular bail by a co-ordinate Bench of
this Court vide order dated 04.03.2025 in Cr. Misc. No.51966 of
2014 and Cr.Misc. No. 3841 of 2025 thereafter the petitioner
confessed his guilt in the present occurrence and nothing has
been recovered from the conscious possession of the petitioner
and till date no TIP has been conducted by the prosecution and
except the disclosure made by apprehended co-accused persons,
no other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 09.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries six criminal antecedents other
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than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
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 S.D.J.M.,
Daudnagar, Aurangabad in connection with Khudwa P.S. Case
No. 47 of 2013, subject to the following 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 his absence on two consecutive dates without sufficient
reason, his 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
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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)
Suruchi/-
U T
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