Patna High Court
NIRBHAY KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120(B), 406, 420, 504
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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