Patna High Court
Abhi Nandan Kumar Yadav @ Abhi Nandan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
The petitioner, Abhi Nandan Kumar Yadav, was arrested in connection with a robbery and assault case (Simri PS Case No.121/2024) alleged under Section 394 of the IPC. The incident involved three miscreants snatching jewelry from the informant’s wife and sister‑in‑law and shooting the informant’s foot. The petitioner contended that he was not named in the FIR and was implicated only through a confessional statement of co‑accused Mahesh Yadav, with no material seized from him and no T.I.P. conducted. He also highlighted that co‑accused Mahesh Yadav and Chandan Kumar Yadav had already been granted bail in similar cases, invoking the principle of parity. The State opposed bail, arguing that the confessional statement linked the petitioner to the offence. After considering the custody period, the lack of direct evidence, and the bail granted to co‑accused, the Court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding attendance, non‑tampering, and monthly reporting. The bail was granted subject to cancellation if the petitioner absents himself for two consecutive dates without permission or tampers with evidence or witnesses.
Issues considered
- Whether the petitioner is entitled to bail under Section 394 IPC given that the only incriminating material is a confessional statement of a co‑accused.
- Whether the principle of parity with co‑accused who have already been granted bail applies to the petitioner.
Legislation cited
- Indian Penal Code — s. 394
Subjects
- bail
- Section 394 IPC
- robbery
- confessional statement
- parity
- criminal antecedents
- High Court
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89365 of 2025
Arising Out of PS. Case No.-121 Year-2024 Thana- SIMRI District- Darbhanga
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Abhi Nandan Kumar Yadav @ Abhi Nandan Yadav S/o- Garatu Yadav R/o
Village- Tara Lahi Ps- Bahadurpur Dist-Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad
For the Opposite Party/s : Mrs. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Simri
P.S. Case No. 121/2024 registered for the offences punishable
under Section 394 of the Indian Penal Code.
3. As per prosecution case, the informant along with
wife and Bhabhi proceeded towards the D.M.C.H. for treatment
and three miscreants came out on the motorcycle and took out
the key from the motorcycle and snatched dhonla from the neck
of informant’s Bhabhi and also snatched a mangalsutra from the
neck of his wife. Thereafter, the informant caught hold of one
miscreant. Then another miscreant opened fire which hit the
foot of the informant.
4. Learned counsel for the petitioner submits that
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petitioner is innocent and has falsely been implicated in this
case. The petitioner is languishing in custody since 08.07.2025
and bears four criminal antecedents in which he is on bail in
three cases. The petitioner is not named in the FIR and his name
surfaced during course of the investigation, on the basis of
confessional statement of co-accused Mahesh Yadav. Except
confessional statement of co-accused, there is nothing on record
to demonstrate the complicity of the present petitioner with the
alleged occurrence. No incriminating article has been recovered
from the conscious possession or the house of the petitioner. He
further submits that no T.I.P has been conducted uptill now. He
orally submits that charge sheet has been submitted in this case
and there is no likelihood of tampering with the prosecution
evidence. On similar and identical allegation co-accused
Mahesh Yadav and Chandan Kumar Yadav @ Chandan Yadav
have already been granted bail by the co-ordinate Bench of this
Court vide Cr. Misc. No.87725/2025 and Cr. Misc.
no.5009/2025 respectively and on the principle of parity the
petitioner also deserves same treatment.
5. The learned A.P.P. for the State vehemently
opposes the prayer for bail of the petitioner and submits that
during course of investigation and on the basis of confessional
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statement of co-accused the name of the petitioner surfaced in
this case and the petitioner cannot escape from the allegation
made in the FIR.
6. Considering the facts and circumstances of the
case, period of custody, on similar and identical allegation co-
accused have already been granted bail, argument advanced on
behalf of both sides and also taking into consideration the
material available on record, let the petitioner above named be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M, Darbhanga in
connection with Simri P.S. Case No. 121/2024, subject to
following conditions:-
(i) One of the bailors shall be either father or mother
or sister or brother or wife or the person who has sworn the
affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain
present on all dates and absence for two consecutive dates
without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
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for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time
of furnishing bail bond and the said mobile number shall
continue in operating condition till disposal of the case and he
shall get his presence marked before the officer-in-charge of the
concerned police station on the first Tuesday of every month.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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