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Patna High Court

Laltun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs 10,000 with two sureties and verification of his criminal antecedent.

Summary

The petitioner, Laltun Yadav, was arrested in connection with a murder case (Sections 302 and 34 IPC) arising from the death of Kundan Kumar, the informant’s nephew. He contended that the FIR was lodged 11 days after the incident, no specific allegation linked him to the assault, and four of the six accused had not been sent to trial. The State opposed bail, but the court noted the absence of a direct charge against the petitioner, his clean criminal record, and that he had been in custody since September 2025. The court also observed that a co‑accused, Shambhu Yadav, had already been granted anticipatory bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a Rs 10,000 bond with two sureties, subject to verification of any concealed criminal antecedent. The bail bond was to be accepted without delay pending verification.

Issues considered

  • Whether bail should be granted to an accused under Sections 302 and 34 IPC when no specific allegation is made against him.
  • Whether the delay in filing the FIR and the general nature of the charge affect the grant of bail.
  • Whether the anticipatory bail granted to a co‑accused influences the bail application of the petitioner.

Legislation cited

Subjects

  • bail
  • IPC 302
  • IPC 34
  • anticipatory bail
  • criminal antecedent
  • FIR delay
  • murder
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85561 of 2025
                   Arising Out of PS. Case No.-78 Year-2024 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Laltun Yadav S/o- Late Jitu Yadav R/v- Jogbani Ps- Gamhariya Dist-
                 Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Pramod Mishra, Advocate
                 For the State          :        Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   19-03-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Gamhariya P.S. Case No.78 of 2024 for the offences punishable

                   under Sections 302 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that the

                   allegation against the petitioner and five other persons is of

                   assaulting the informant’s nephew, namely, Kundan Kumar by

                   Lathi and Danda due to which he sustained grievous injuries

                   and later on, during course of treatment, he died. It is further

                   submitted that the FIR was lodged after a delay of around 11

                   days and no explanation has been given by the informant for

                   delay in lodging the FIR. It is submitted that out of the total six

                   named accused persons, nothing was found against four of the
Patna High Court CR. MISC. No.85561 of 2025(3) dt.19-03-2026
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          accused persons and they have not been sent up for trial, while

          chargesheet has been submitted against the petitioner and one of

          his brothers, namely, Shambhu Yadav. It is also submitted that

          there is general and omnibus allegation against all the accused

          persons and no specific allegation has been levelled against the

          present petitioner of assaulting the deceased. It is further

          submitted that the deceased after treatment returned home and

          subsequently he died. It has further been submitted that co-

          accused, Shambhu Yadav has been granted the privilege of

          anticipatory bail by a Coordinate Bench of this Court vide order

          dated 21.01.2026, passed in Criminal Miscellaneous No.56436

          of 2025.

                       4. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioner.

                       5. Considering the submissions advanced on behalf of

          the parties and also considering the materials available on

          record, it appears that no specific allegation has been levelled

          against the petitioner of assaulting the deceased, nephew of the

          informant. Further, there is no criminal antecedent against the

          petitioner and he is languishing in jail since 03.09.2025.

                       6. Accordingly, the petitioner, above-named, is

          directed to be released on bail on furnishing bail bond of
               Patna High Court CR. MISC. No.85561 of 2025(3) dt.19-03-2026
                                                           3/3




                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of the learned Judicial

                         Magistrate, 1st Class, Madhepura/concerned court in connection

                         with Gamhariya P.S. Case No.78 of 2024, subject to the

                         condition that the learned 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 criminal antecedent, the

                         learned court below shall take step for cancellation of bail bond

                         of the petitioner. However, the acceptance of the bail bond in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.


                                                     (Ritesh Kumar, J)

Sanjay/-

U          T


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