Patna High Court
Mohan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners with conditions of trial cooperation and mandatory court attendance.
Summary
The petitioners, Mohan Yadav and Yogendra Yadav, sought regular bail in a case registered under Sections 395 and 412 of the Indian Penal Code relating to an alleged robbery and false evidence. The prosecution alleged that the petitioners, along with a group of 10‑15 persons, entered the informant's house, assaulted occupants, locked family members in a room, and stole a cycle, loudspeaker and utensils. The petitioners contended that the dispute stemmed from a land conflict and that witnesses indicated they were merely raising an alarm and were with other villagers; no material was recovered from them. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court granted bail on the condition of cooperation with the trial and physical presence on every court date, with a bond of Rs.10,000 each and two sureties, and warned that failure to appear for more than two consecutive dates would lead to cancellation of bail.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 395 and 412 IPC.
- Whether the petitioners pose a flight risk or threat to the investigation.
- Whether the land dispute context and witness statements mitigate the seriousness of the alleged offences.
Legislation cited
- Indian Penal Code — s. 395, 412
Subjects
- bail
- criminal procedure
- robbery
- false evidence
- IPC
- land dispute
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89390 of 2025
Arising Out of PS. Case No.-128 Year-1998 Thana- CHANDAN District- Banka
======================================================
1. Mohan Yadav Son of Dilo Yadav Resident of Village- Patna, P.S.- Chandan,
District- Banka
2. Yogendra Yadav S/o Ugan Yadav Resident of Village- Patna, P.S.- Chandan,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 395
and 412 of the Indian Penal Code.
3. The case of the prosecution, in short, is that while
the informant was sleeping in his house, petitioners along with
others entered in the house of the informant and assaulted the
inmates of the house. It is further alleged that the accused
persons were 10-15 persons. Accused persons locked the
members of the family in a room and took away cycle,
loudspeaker and utensils.
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4. Learned counsel for the petitioners submits that the
petitioners are co-villagers and there is land dispute between the
petitioners and informant. It has further been submitted that
during course of investigation certain witnesses specifically in
Paragraphs ‘45’ and ‘46’ of the case diary, two witnesses
namely, Shival Yadav and Kishan Yadav have stated that while
the occurrence was taking place in the house of the informant,
the petitioners were also raising alarm and they were with
villagers. Learned counsel for the petitioners has further
submitted that nothing has been recovered from the possession
of these petitioners. They are in custody since 08.10.2025.
5. Learned APP for the State has vehemently opposed
the bail.
6. This is a case of year 1998.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail with the condition that
the petitioners shall co-operate in the trial and shall remain
physically present on each and every date in the learned trial
court. Absence, if more than two consecutive dates will entitle
the learned trial court to cancel their bail bonds.
8. The above named petitioners are directed to be
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released on bail in connection with Chandan P.S. Case No. 128
of 1998 on furnishing bail bond of Rs.10,000/- (ten thousand)
each of them with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate- 1st Class, Banka.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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