Patna High Court
Rudal Yadav @ Shailendra Kumar @ Shailendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Manish Kumar and Rudal Yadav, were arrested in Bihra Police Station Case No. 207/2023 for offences under IPC sections 364, 302, 120B and 201. They applied for regular bail, having previously been denied relief in July and September 2024. They argued that they had been in custody since 13 November 2023, that most prosecution witnesses had turned hostile, and that the informant did not oppose bail. The informant’s counsel accepted the examination of all material witnesses and did not contest the bail application. Considering the long custody, the hostile witnesses and the informant’s stance, the Court granted bail on a bond of Rs.20,000 with two sureties each, ordering their release.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the offences (IPC 364, 302, 120B, 201).
- Whether the long period of custody and the hostile stance of prosecution witnesses justify granting bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 364
Subjects
- bail
- regular bail
- IPC
- section 364
- section 302
- section 120B
- section 201
- hostile witnesses
- custody period
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88489 of 2025
Arising Out of PS. Case No.-207 Year-2023 Thana- BIHRA District- Saharsa
======================================================
Manish Kumar @ Mantun Yadav @ Mantu Yadav, S/O Sri Shalendra Yadav
@ Shailendra Kumar, Resident of Village- Chitti, P.S- Madhepura, District-
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89380 of 2025
Arising Out of PS. Case No.-207 Year-2023 Thana- BIHRA District- Saharsa
======================================================
Rudal Yadav @ Shailendra Kumar @ Shailendra Yadav S/o- Late Upendra
Yadav R/v- Bishanpur W.No-8, PS- Bihra Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88489 of 2025)
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the State : Mr. Kumar Ranjit Ranjan, APP
For the Informant : Mr. Arun Kumar Sinha, Adv.
(In CRIMINAL MISCELLANEOUS No. 89380 of 2025)
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 30-01-2026 As both the criminal miscellaneous petitions have
arisen out of same P.S. case, hence they are being decided
together by a common order.
2. Heard the parties.
3. Petitioners seek regular bail in connection with
Bihra P.S. Case No. 207/2023 dated 12.11.2023 registered for the
Patna High Court CR. MISC. No.88489 of 2025(3) dt.30-01-2026
2/3
offences punishable under sections 364, 302, 120B and 201 of
the Indian Penal Code.
4. The main submissions advanced by petitioners’
counsel are that this is the second attempt of the petitioners to get
the relief of bail and their earlier prayer for the same relief was
rejected by this Court vide orders dated 26.07.2024 and
13.09.2024 passed in Cr. Misc. Nos. 32857/2024 and 44038/2024
respectively and the fresh grounds entitling the petitioners to get
the relief of bail are their long custody period and the
examination of all material prosecution witnesses. It is further
submitted that among the examined prosecution witnesses, all
witnesses except the informant went hostile, and the copies of the
depositions of some of the witnesses have been filed with the
petitions. It is further submitted that both the petitioners have
been languishing in jail since 13.11.2023, having fair and clean
antecedent and the release of the petitioners on bail at this stage
will not prejudice the prosecution in any manner.
5. Learned counsel appearing for the informant accepts
the examination of all material witnesses of the prosecution and
he is not opposing the prayer of the petitioners.
6. Considering the aforesaid submissions and mainly
taking into account the examination of all material witnesses of
Patna High Court CR. MISC. No.88489 of 2025(3) dt.30-01-2026
3/3
the prosecution as well as the petitioners’ custody period, this
Court is now inclined to release the petitioners on bail.
Accordingly, let the petitioners named-above be released on bail
on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty
Thousand) each with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Bihra P.S.
Case No. 207/2023.
(Shailendra Singh, J)
annu/-
U T
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