Patna High Court
Upendra Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Upendra Narayan Yadav, a former Panchayat Secretary, was arrested in connection with a case under Sections 420 and 204/34 of the Indian Penal Code alleging fraud in the non‑submission of teacher appointment documents for 2003‑2014. He contended that he was not named in the FIR and was only implicated as a co‑accused based on the statements of another accused, despite having left office in 2011 and having no incriminating material recovered from him. The petitioner also highlighted his clean criminal record and that he had been in custody since 5 October 2025. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s antecedent, and the circumstances of his detention. The court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties and imposed conditions regarding attendance before the trial court and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 420 and 204/34 IPC in the absence of direct incriminating evidence and a clean criminal record.
Legislation cited
- Indian Penal Code — s. 204, 34, 420
Subjects
- bail
- cheating
- fraud
- Indian Penal Code
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84528 of 2025
Arising out of PS. Case No.-127 Year-2016 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Upendra Narayan Yadav S/o- Late Thakko Yadav Village- Khutwara, Police
Station- Sadar, District-Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s: Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the
offences under Sections 420 and 204/34 of the Indian Penal
Code. He has no criminal antecedent.
3. As per the prosecution case, the informant has al-
leged that during a departmental audit with regard to appoint-
ment of teachers an inquiry was made by the Vigilance Bureau
and subsequently it was found that the documents relating to the
teacher's appointment for the year 2003-2014 was not made
available. It is further alleged that such documents were not sub-
mitted with intention to do fraud and the case was registered in
the year 2016 against the panchayat secretaries namely co-ac-
Patna High Court CR. MISC. No.84528 of 2025(2) dt.05-01-2026
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cused Kaushal Kishor Singh and Ravindra Kumar Singh.
4. Learned counsel for the petitioner submits that the
petitioner was not named in the FIR and merely because he was
the Panchayat Secretary during the period 2003 to 2011 he has
been named as co-accused on the assertion of one of the co-ac-
cused who has stated that the petitioner has not submitted the
documents of appointment made during the period 2003 to
2014. It is further submitted that the co-accused Kaushal
Kishore Singh has remained in the Office till the year 2016 and
the documents relating to appointment of teachers bear his sig-
nature and the petitioner has already demitted the Office in the
year 2011. It is also submitted by the petitioner that no incrimi-
nating article was recovered from the possession of the peti-
tioner. It is lastly submitted that the petitioner has no criminal
antecedent and he is in custody since 05.10.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioner is in
custody since 05.10.2025, the petitioner above named, is di-
rected to be released on bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.84528 of 2025(2) dt.05-01-2026
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amount each to the satisfaction of the learned Sub-divisional Ju-
dicial Magistrate, Biraul, Darbhanga in connection with
Kusheshwar Asthan P.S. Case No. 127 of 2016, subject to the
the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioner and in case at any stage it is
found that the petitioner has concealed his crim-
inal antecedent, the court below shall take step
for cancellation of bail bond of the petitioner.
However, the acceptance of bail bonds in terms
of the above-mentioned order shall not be de-
Patna High Court CR. MISC. No.84528 of 2025(2) dt.05-01-2026
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layed for purpose of the same or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Vikash/-
U T
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