Patna High Court
Abhishek Kumar @ Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, subject to conditions, on the ground of undue delay in trial and parity with a co‑accused who had been bailed.
Summary
The petitioner, Abhishek Kumar Yadav, was arrested in connection with a robbery of a truck and charged under Sections 309(4) and 317(2) of the B.N.S. The prosecution alleged that he and co‑accused Karan Jha stole the truck, with a pistol and live cartridge recovered from Jha. The petitioner contended he was falsely implicated and had no possession of the stolen goods or weapon. He had been in custody since 1 October 2024, while the similarly situated co‑accused had already been granted bail by a coordinate bench. Considering the prolonged detention, lack of progress, and the precedent of bail to the co‑accused, the court ordered his release on bail with a bond of Rs 10,000 and specific conditions, directing the trial court to expedite proceedings.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under Sections 309(4) and 317(2) of the B.N.S.
- Whether the prolonged pre‑trial detention and the grant of bail to a co‑accused warrant the release of the petitioner.
Legislation cited
- B.N.S. — s. 309(4), 317(2)
Subjects
- bail
- robbery
- false implication
- pre‑trial detention
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87703 of 2025
Arising Out of PS. Case No.-399 Year-2024 Thana- RAJAON District- Banka
======================================================
Abhishek Kumar @ Abhishek Yadav Son of Ashok Yadav Resident of village
- Mirzapur, P.S.- Barahat, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 309(4), 317(2) of the
B.N.S.
3. As per the prosecution, the petitioner, along with
other co-accused, allegedly robbed a truck and fled with it.
Upon apprehension by the police, a country-made pistol and
one live cartridge were recovered from a co-accused.
4. The learned counsel for the petitioner submits
that the petitioner has been falsely implicated in the present
case although he is neither involved in the loot of the truck nor
anything has been recovery from his conscious possession. It is
further submitted that during the course of investigation it
Patna High Court CR. MISC. No.87703 of 2025(4) dt.25-02-2026
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transpired that the truck in question was recovered by the
police from the main road which was being driven by the
petitioner and co-accused Karan Jha was allegedly sitting
behind him and country made pistol and one live cartridge has
also been recovered from the possession of the said co-accused
Karan Jha for which separate case was also instituted by police
on the same date. Co-accused, Karan Jha with such allegations
has already been granted privilege of bail by a Co-ordinate
Bench of this Court vide order dated 30.07.2025 passed in Cr.
Misc. No.48318 of 2025. The petitioner is in custody since
01.10.2024.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner has
remained in custody for about one and a half years and
similarly situated co-accused has been granted the privilege of
bail by Co-ordinate Bench of this Court and no progress has
been made in the case, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.87703 of 2025(4) dt.25-02-2026
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each to the satisfaction of the learned Judicial Magistrate 1st
Class, Banka/concerned Court below in connection with
Rajoun P.S. Case No. 399 of 2024 subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioner shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
7. However, the learned Trial Court is also directed
to proceed expeditiously in the case after framing of charge, in
case the same has not been framed.
(Soni Shrivastava, J)
anand/-
U T
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