Patna High Court
Sahendra Yadav @ SahendraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to both petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Sahendra Yadav and Ravikant, were charged under sections 121(1), 121(2), 109, 132 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act for allegedly attempting to escape in a vehicle, firing at police and then fleeing. The prosecution’s FIR alleged that the accused fired on police personnel but no person was injured. The petitioners contended that they were falsely implicated, that no injury occurred, and that they had been in custody since 25 May 2025 with the charge‑sheet already filed. The State opposed the bail application. The Court, noting the absence of any injury, the prolonged pre‑trial detention of over eight months, and the filing of the charge‑sheet, ordered that both petitioners be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused despite the seriousness of the offences under the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the prolonged pre‑trial detention and the filing of the charge‑sheet justify bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 121(1), 121(2), 132, 3(5)
Subjects
- regular bail
- pre‑trial detention
- sections 121
- section 109
- section 132
- Arms Act
- charge‑sheet
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8178 of 2026
Arising Out of PS. Case No.-625 Year-2024 Thana- GHOSI District- Jehanabad
======================================================
1. Sahendra Yadav @ Sahendra S/o- Late Bochu Yadav @ Late Ram Sagar
Yadav @ Bothu Yadav Village- Bhabani Bigha PS-Chiksaura District-
Nalanda
2. Ravikant @ Chanchua @ Hathkatta S/o- Late Bochu Yadav @ Late Ram
Sagar Yadav @ Bothu Yadav R/v- Bhabani Bigha Ps- Chiksaura Dist-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Ghoshi (Okri) P.S. Case
no.625 of 2024 registered under sections 121(1), 121(2), 109,
132 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section
27 of the Arms Act.
3. As per the prosecution case, the informant states
that in course of checking of vehicles, some persons in a Bolero
vehicle made an attempt to escape. Thereafter, they started to
fire upon the police personnel and the fire was returned. The
Patna High Court CR. MISC. No.8178 of 2026(2) dt.17-02-2026
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informant further states that in course of the occurrence, the
name of accused transpired in the calls being given by one
accused to the other wherein they were taking their names.
Taking benefit of the darkness, the accused persons managed to
escape.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case because of
their antecedents. No occurrence in the manner as alleged has
taken place nor any person was injured in the entire occurrence.
The petitioners are in custody since 25.5.2025 and charge-sheet
has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, no person
having been injured in the occurrence, the petitioners having
remained in custody for over 8 months since 25.5.2025 and
charge-sheet having been submitted in the case, both the
petitioners are directed to be enlarged on bail in connection with
Ghoshi (Okri) P.S. Case no.625 of 2024 on each of them
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.8178 of 2026(2) dt.17-02-2026
3/3
learned Chief Judicial Magistrate, Jehanabad.
(Partha Sarthy, J)
Shiv/-
U T
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