Patna High Court

Akhilesh YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court allowed the bail application, directing release on bail with conditions.

Summary

The petitioner, Akhilesh Yadav, was arrested in connection with a violent clash that resulted in injuries to several persons, including alleged firing of a gun that injured Lal Yadav. He faces charges under multiple sections of the Bihar Non‑Judicial (BNS) statutes and the Arms Act. The petitioner’s counsel argued that both parties were injured and that the petitioner himself suffers a serious pancreatic condition requiring surgery, as documented by jail and PMCH medical reports. The opposing counsel contended that the petitioner was the assailant who shot Lal Yadav. Considering the petitioner’s grave health issues and the principle of regular bail, the court directed that bail be granted upon furnishing a bail bond of Rs.10,000 with two sureties, subject to cooperation with the trial. Consequently, the interim application for bail was allowed.

Issues considered

Whether regular bail should be granted to the accused despite the seriousness of the offences under the BNS and Arms Act
Whether the petitioner’s serious medical condition warrants bail on humanitarian grounds

Legislation cited

Arms Act — s. 25(1-b)a, 26, 27, 35

Subjects

regular bail
medical condition
Arms Act
Bihar Non‑Judicial statutes
criminal procedure
health grounds for bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88171 of 2025
                      Arising Out of PS. Case No.-71 Year-2025 Thana- Karnamepur District- Bhojpur
                 ======================================================
                 Akhilesh Yadav Son of Tej Narayan Yadav Resident of Village - Sonvarsha,
                 Police Station - Karnamepur, District – Bhojpur.         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Akash Kumar Mishra
                 For the Opposite Party/s :        Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   04-02-2026                                Re:- I.A. No. 01 of 2026.

                                Heard the parties.

                                2. The petitioner is seeking regular bail in connection

                   with Karnamepur P.S. Case No. 71 of 2025, registered for the

                   offences punishable under Sections 190, 191(2), 191(3), 126(2),

                   115(2), 109, 352, 351(2) of the BNS and Sections 25(1-b)a, 26, 27,

                   35 of the Arms Act.

                                3. During a free fight between two groups, members of

                   both sides suffered injuries. The allegation against the petitioner is

                   that he fired gunshot, as a result of which, Lal Yadav sustained

                   injuries.

                                4. The learned counsel for the petitioner has submitted

                   that both sides have suffered injuries. The petitioner has also

                   suffered severe injuries, and his condition is precarious in jail,

                   which transpires from the report of the jail doctor. The report

                   shows that there is a giant cystic lesion occurring in the pancreatic

                   bed with near-complete replacement of the pancreas. He needs

                   surgery as advised, hence, he has been referred to PMCH for
           Patna High Court CR. MISC. No.88171 of 2025(3) dt.04-02-2026
                                                       2/2




                     further investigation and treatment.

                                          After the advice, he was referred to PMCH, Patna

                                          and surgery is required according to the report of

                                          PMCH. The petitioner has been in custody for

                                          nearly four months.

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

                     informant has opposed the prayer for bail and submitted that the

                     petitioner is the assailant. He fired at Lal Yadav, causing him to be

                     badly injured.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     ACJM-Ist Bhojpur, Ara/concerned court in connection with

                     Karnamepur P.S. Case No. 71 of 2025, subject to the following

                     conditions that the petitioner shall cooperate in the disposal of

                     trial and make himself available as and when required by the

                     court.

                                  7. Accordingly, I.A. No. 01 of 2026 stands allowed.


                                          (Nawneet Kumar Pandey, J)
Nirmal/-
U      T

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