Patna High Court
Akash Yadav @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court dismissed the anticipatory bail petitions, holding that the nature of the offences and the evidence against the petitioners did not merit the grant of anticipatory bail.
Summary
The petitioners, who were named in an FIR for assaulting and fatally shooting the informant’s brother at a bridge construction site, filed anticipatory bail petitions fearing arrest under Sections 115(2), 126(2), 308(5), 103(1) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR alleged that the accused brutally attacked the victim with an iron rod and wooden log and later fired bullets into his limbs, causing his death. Numerous witnesses corroborated the prosecution’s case and identified the petitioners. The High Court examined whether the seriousness of the offences and the likelihood of the petitioners evading investigation justified granting anticipatory bail. Concluding that the nature of the accusations warranted custody and that the petitioners were not entitled to pre‑emptive release, the Court dismissed all three anticipatory bail petitions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the offences charged under Sections 115(2), 126(2), 308(5), 103(1) of the B.N.S., 2023 and Section 27 of the Arms Act.
- Whether the seriousness of the alleged assault and homicide precludes the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 115(2), 126(2), 308(5)
Subjects
- anticipatory bail
- criminal law
- assault
- homicide
- Arms Act
- Bihar Narcotic Substances Act
- high court
- pre‑emptive release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76909 of 2025
Arising Out of PS. Case No.-235 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
Rahul @ Rahul Raj S/O Parmanand Yadav Resident of Village- Gariya Tola
Bhatgama Ward No. 14, Police Station- Chausa, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79833 of 2025
Arising Out of PS. Case No.-235 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
1. Sushil Yadav @ Sushil Kumar Yadav Son of Late Balbir Yadav Resident of
Village - Bhatgama, Ward No. 12, Police Station - Chausa, Dist. -
Madhepura.
2. Niranjan Yadav Son of Late Balbir Yadav Resident of Village - Bhatgama,
Ward No. 12, Police Station - Chausa, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81081 of 2025
Arising Out of PS. Case No.-235 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
Akash Yadav @ Akash Kumar Son of Sushil Kumar Yadav@ Sushil Yadav
Resident of Village- Bhatgama ward No 12 Police Station -Chausa, Dist-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76909 of 2025)
For the Petitioner/s : Mr.Dr. Manoj Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
(In CRIMINAL MISCELLANEOUS No. 79833 of 2025)
For the Petitioner/s : Mr.Dr. Manoj Kumar
For the Opposite Party/s : Mr.Shyameshwar Dayal
Patna High Court CR. MISC. No.76909 of 2025(3) dt.13-01-2026
2/3
(In CRIMINAL MISCELLANEOUS No. 81081 of 2025)
For the Petitioner/s : Mr.Dr. Manoj Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
For the Informant
(in all three cases) : Mr.Ramendra Kumar Bharti
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners, learned
A.P.P for the State (in all three cases) and learned counsel for
the informant.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 115(2), 126(2),
308(5), 103(1) of the B.N.S., 2023 and Section 27 of the Arms
Act.
3. As per F.I.R., on 21.08.2025 at about 4:30 PM, all
the accused persons including these petitioners came to
construction site of bridge, where brother of informant was
working as Munshi, and assaulted brother of informant brutally
with iron rod and wooden log and thereafter, petitioners Sushil
Yadav, Akash Yadav, Niranjan Yadav & co-accused Prahlad
Yadav fired bullets into the legs & hands of brother of
informant, as a result of which, during treatment he died. During
investigation, number of witnesses have supported the
prosecution case and have taken the name of these petitioners in
their statements.
4. Considering the nature of accusation, all the
Patna High Court CR. MISC. No.76909 of 2025(3) dt.13-01-2026
3/3
aforesaid three anticipatory bail petitions stand dismissed.
(Prabhat Kumar Singh, J)
anay
U T
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