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Patna High Court

NIRBHAY KUMAR YADAVversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court confirmed the provisional bail previously granted to the petitioner.

Summary

The petitioner, Nirbhay Kumar Yadav, was charged under Sections 406, 420, 504 and 120(B) of the Indian Penal Code in PS Shyampur Bhatha case No.124 of 2021. He had been granted provisional bail on 17‑10‑2022 but remained incarcerated because bail in other pending cases had not been secured. The petitioner applied for confirmation of the provisional bail, contending that his continued detention was unwarranted. The Court noted that the petitioner’s counsel was to seek bail in the other matters and, upon such grant, the present bail could be confirmed. Accordingly, the Court allowed the application and confirmed the provisional bail, directing that the petitioner remain on the same bail bonds and that the order be communicated to the District and Sessions Judge for compliance.

Issues considered

  • Whether the provisional bail previously granted to the petitioner should be confirmed despite pending bail applications in other cases.

Legislation cited

Subjects

  • bail
  • provisional bail
  • Indian Penal Code
  • Criminal Procedure
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8107 of 2022
                     Arising Out of PS. Case No.-124 Year-2021 Thana- SHYAMPUR BHATHAN District-
                                                          Sheohar
                  ======================================================
                  NIRBHAY KUMAR YADAV SON OF LATE JEEWAN RAI RESIDENT OF
                  VILLAGE- LAHI BANJARIYA, P.S- MADHUBAN, DIST- EAST
                  CHAMPARAN

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None.
                  For the Opposite Party/s :     Mr.Rabindra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

20   20-02-2026                    None appears for the petitioner. Learned counsel for

                    the State is present.

                                 2. The following order was passed in this case on

                    22.05.2023:-

                                                Heard the learned counsel for the
                                    petitioner and learned counsel for the State.
                                                Let the defect(s), if any, be removed
                                    within a period of four weeks from today. The
                                    petitioner seeks bail in connection with Shyampur
                                    Bhatha P.S. Case No. 124 of 2021 registered for
                                    the offence under Sections 406, 420, 504, 120(B) of
                                    the Indian Penal Code.
                                                The petitioner was granted provisional
                                    bail on 17.10.2022. The petitioner could not come
                                    out of jail as he is accused in other cases also and
                                    he is yet to be granted bail.
          Patna High Court CR. MISC. No.8107 of 2022(20) dt.20-02-2026
                                                      2/2




                                                 List this case after the petitioner is
                                    granted bail in all other cases.
                                                   Learned counsel for the petitioner is
                                    given liberty to mention this case for hearing when
                                    he is granted bail in all other cases.
                                 3. Accordingly, this application is allowed and the

                    interim/provisional bail granted to the petitioner is hereby

                    confirmed. He will remain on the same bail bonds as executed

                    earlier.

                                 5. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Shoehar through FAX for

                    its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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