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Patna High Court

Mahendra Yadav @ Bhalu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.83 of 2026(2) dt.20-01-2026
                                                        3/3




                      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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