Patna High Court
Arbind YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, Arbind Yadav.
Summary
Arbind Yadav was arrested in connection with a mob assault case (PS Khesar Case No. 66 of 2025) alleged under several sections of the Bihar Non‑Statutory (BNS) Act. The prosecution alleged that members of the mob, armed with lathi‑danda, assaulted the informant’s family, but no specific allegation of assault was made against Yadav. Yadav’s counsel argued that he was merely a member of the mob, that no overt act was attributed to him, and that similarly situated co‑accused had been granted bail in earlier cases. The State opposed the bail application. Considering the lack of specific charges against Yadav and the precedent of bail to co‑accused, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, Arbind Yadav, is entitled to regular bail despite being part of an alleged mob assault.
- Whether the absence of a specific allegation against the petitioner warrants bail.
- Whether precedent bail orders to co‑accused influence the petitioner’s bail application.
Subjects
- regular bail
- criminal procedure
- mob assault
- Bihar Non‑Statutory Act
- sections 126,115,117,109,103,352,351,3
- bail precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89278 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- Khesar District- Banka
======================================================
Arbind Yadav Son of Late Chandradhari Yadav Resident of Village- Pathal
Kuriya, P.S.- Khesar, Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 126(2),
115(2), 117(2), 109, 103(1), 352, 351(2)(3) and 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner along with others being armed with lathi danda
arrived at the door of the informant and it is specifically alleged
that one Ranjan Kumar has assaulted with bhujali to the father
of the informant. There is allegation against others that they
have assaulted other family members of the informant.
4. Learned counsel for the petitioner submits that
there is no allegation against the petitioner of assaulting
anybody. Learned counsel has further submitted that the
Patna High Court CR. MISC. No.89278 of 2025(2) dt.27-01-2026
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petitioner is only a member of the mob and no overt act is
alleged against the petitioner. Learned counsel for the petitioner
has further submitted that similarly situated co-accused, namely,
Phool Kumari and Vikas Kumar Yadav have been granted bail
by the learned Co-ordinate Benches vide Cr. Misc. Nos. 91472
of 2025 and 153 of 2026 respectively. The case of this petitioner
stands on similar footing. Learned counsel for the petitioner has
submitted that the petitioner is in judicial custody since
21.10.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Khesar P.S. Case No. 66 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Banka.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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