Patna High Court
Laltun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Indian Penal Code — s. 302, 34
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
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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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