Patna High Court
Mahendra Yadav @ Bhalu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Mahendra Yadav petitioned for bail in a case registered under multiple offences including sections 147, 148, 149, 307, 353 and 120(b) of the IPC, several provisions of the Arms Act, the Explosive Substances Act and the UAPA. The prosecution alleged that he was named by a police informant as one of eight persons aiding Naxal commanders during an encounter in a forest area. The petitioner contended that he was falsely implicated, had no incriminating material recovered, and possessed a clean antecedent. The State opposed bail, arguing the seriousness of the charges. The Court, noting the lack of direct evidence, the petitioner’s clean record and the statutory provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, ordered bail on a bond of Rs.10,000 with two sureties and conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the IPC, Arms Act, Explosive Substances Act and UAPA.
- Whether the mere mention of the petitioner’s name by a police informant constitutes sufficient ground to deny bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, applies to grant bail in this circumstance.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Explosive Substances Act, 1908 — s. 5
- Indian Penal Code — s. 120(b), 147, 148, 149, 307, 353
- Unlawful Activities (Prevention) Act, 1967 — s. 16, 18, 19, 20
Subjects
- bail
- Naxal
- IPC
- Arms Act
- Explosive Substances Act
- UAPA
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- suspicion
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83 of 2026
Arising Out of PS. Case No.-157 Year-2019 Thana- CHANAN District- Lakhisarai
======================================================
Mahendra Yadav @ Bhalu Yadav S/O Banwari Yadav Resident of Village-
Nimiyatar Mananpur Basti, P.S.- Chanan, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Irshad , Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 147, 148 , 149, 307,
353 and 120 ( b ) of IPC, 25 (1-b)a/26/27/35 of Arms Act , 5 of
Explosive Substance Act 1908 and 16 , 18 , 19 and 20 UAP Act,
1967 .
3 . As per prosecution case , on receiving information
that Naxal Commander Arvind Yadav and Sree Koda with their
accomplices were gathering for committing some untoward
incidents in the hilly and forest area of Govardha and Chehron
Kodasi, ‘C’ level operation was conducted and during the course
of operation, naxals who were hiding in ambush started firing
indiscriminately on the team. The team started firing in the self
Patna High Court CR. MISC. No.83 of 2026(2) dt.20-01-2026
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defence and proceeded ahead, in result, the miscreants were
compelled to flee from the spot. After some times, the firing
stopped from the side of naxalites thereafter, thorough search of
the encounter side was conducted and 12 bore country made
double barrel gun, several other explosive substance, equipment
and the naxali literature were recovered from the said area .
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
He has been falsely implicated in this case merely on suspicion.
From perusal of the F.I.R., it appears that name of the petitioner
has been implicated in this case by the informant who is the
police personnel only on the ground that he heard the naxalis
saying about eight names including the petitioner and they were
taking help from them. Save and except this vague statement in
the F.I.R., there is no other material against the petitioner.
Neither the petitioner was arrested on the spot nor any
incriminating article has been recovered from his conscious
possession . Petitioner claims clean antecedent.
5. Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
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of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 ACJM - 1 st
Lakhisarai in connection with Chanan P.S. Case No. 157 of
2019, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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