Created by Fuzzy Cloud

Patna High Court

Ram Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail as there is no flight risk or likelihood of tampering with evidence despite the grave nature of the charges.

Summary

Ram Kumar Yadav was arrested in connection with a violent incident in which the husband of an informant was shot dead by a group of armed assailants. The petitioner sought regular bail for charges under the Bihar Narcotic Substances Act, 2023 and the Arms Act, while the informant opposed bail, asserting that the petitioner was one of the seven gunmen. The petitioner argued that the deceased had a criminal background, that the FIR and the informant’s statements were inconsistent, and that the case stemmed from a land dispute and personal enmity. The court examined the stage of the trial, noting that the petitioner had been in custody since September 2024, only four of twelve charge‑sheet witnesses had been examined, and there was no evidence of flight risk or likelihood of tampering with evidence. Considering these factors, the judge granted regular bail on condition of regular appearance in court. The bail order required a bond of Rs. 10,000 with two sureties and stipulated cancellation upon default of two consecutive court dates.

Issues considered

  • Whether the petitioner is entitled to regular bail despite serious charges under the Bihar Narcotic Substances Act and the Arms Act.
  • Whether there is a risk of the petitioner fleeing, tampering with evidence, or influencing witnesses.
  • Whether inconsistencies in the informant’s statements affect the merit of the bail application.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • narcotic act
  • murder
  • flight risk
  • witness tampering
  • trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86908 of 2025
                       Arising Out of PS. Case No.-156 Year-2024 Thana- Patarghat District- Saharsa
                 ======================================================
                 Ram Kumar Yadav S/O Khushilal Yadav R/O Vill.- Uthi Navtoliya, ward no.-
                 15, P.S- Saurbazar, District - Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Prabhat
                 For the Opposite Party/s :        Mr.Madhuri Lata
                 For the informant        :        Mr. Rashmi Jha, Advocate
                                                   Mr. Ujjwal Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   16-01-2026           1. Heard the parties.

                         2. The petitioner has renewed his prayer for bail in

                   connection with S.T. Case No. 69 / 2025 arising out of Patarghat

                   P.S. Case No. 156 of 2024 dated 02.08.2024 registered under

                   Section 126(2), 115, 103(1), 61, 354, 351(2), 3(5) of the B.N.S.

                   2023 and Section 25(1-B)A, 26, 27 of the Arms Act.

                         3. As per the F.I.R. on 01.08.2024 in the evening at about

                   7:00 P.M., one co-accused Rakesh Yadav came at the house of

                   the informant and took her husband along with him. The

                   informant overheard co-accused Ashok Yadav saying on phone

                   that her husband was required to be killed today and was

                   accompanying          with     Rakesh        Yadav.      Upon       hearing        the

                   conversation, the informant ran for search of her husband and at
Patna High Court CR. MISC. No.86908 of 2025(4) dt.16-01-2026
                                            2/4




          a distance of about 500 meters from her house she saw seven

          accused persons armed with pistols along with another group of

          15 accused persons armed with lathi assaulting her husband

          with an intention to kill. The persons having pistol in their hands

          were firing upon her husband one by one in the result the

          informant’s husband died.

               4. Learned counsel for the petitioner submits that bail

          application of the petitioner was earlier rejected by this Court on

          merit by order dt. 18.04.2025 passed in Cr. Misc. No. 9559 of

          2025 giving observation that the petitioner may renew his

          prayer for bail after six months if the trial does not show any

          progress. He further submits that altogether 24 persons have

          been named in the F.I.R. and the allegation against them is of

          assaulting and firing upon the informant’s husband. The

          informant’s husband was a person of criminal background

          having four cases registered against him and there is possibility

          that some unknown persons might have committed the offence

          and the petitioner along with others have wrongly been

          implicated in this case due to land enmity. The co-accused

          Ashok Yadav was having inimical terms with the deceased

          inasmuch as the daughter of Ashok Yadav was kidnapped by the

          deceased and other co-accused persons for which Patarghat P.S.
Patna High Court CR. MISC. No.86908 of 2025(4) dt.16-01-2026
                                            3/4




          Case No. 10 of 2024 was lodged against the deceased under

          Section 366A, 363 of the I.P.C. and Section 12 of the POCSO

          Act in which charge sheet has also been submitted under

          Section 376 I.P.C. He next submits that in her re-statement the

          informant has disclosed entirely different story and has said that

          on hearing gun shot she went at the place of occurrence whereas

          in the F.I.R. she is claiming to be an eye witness. The allegation

          of firing is against seven persons one by one but only six gun

          shot injury has been found on the body of the deceased. Learned

          counsel next submits that out of twelve charge sheet witnesses ,

          four witnesses have been examined and there is no possibility

          that that petitioner will abscond, tamper with the evidence or

          influence the witnesses.

               5. On the other hand, learned counsel for the informant

          opposed the prayer for bail and submits that the petitioner is

          named in the F.I.R. and the informant is an eye witness. All

          seven persons including the petitioner were holding gun in their

          hand and were firing upon the informant’s husband.

               6. Having regard to the submissions made by the parties,

          taking into consideration the fact that petitioner is in custody

          since 28.09.2024, trial is in progress and out of twelve charge

          sheet witnesses four witnesses including the informant have
               Patna High Court CR. MISC. No.86908 of 2025(4) dt.16-01-2026
                                                           4/4




                         been examined, there is no flight risk of the petitioner and no

                         possibility that he will influence the witnesses or tamper with

                         the evidence, accordingly, I am inclined to grant regular bail to

                         the petitioner.

                              7. Let the petitioner, above named, be released on regular

                         bail on furnishing bail bond of Rs. 10,000 /- (ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         learned District & Addl. Sessions Judge II, Saharsa              in

                         connection with          S.T. Case No. 69 / 2025 arising out of

                         Patarghat P.S. Case No. 156 / 2024 with the condition that on

                         each and every date he will participate in the trial and in case of

                         default on two consecutive dates without prior permission of the

                         trial court, his bail bond shall liable to be cancelled.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.