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Patna High Court

Arbind YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        2/2




                      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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