Patna High Court
Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioners pending trial.
Summary
The petitioners, a group of Yadavs from Avrakkha village, feared arrest in connection with Suiya Police Station Case No. 69 of 2025, which alleged they had burnt an informant’s shop. The prosecution charged them under several sections of the Bihar Penal Code (BNS) for offences including arson, assault and criminal conspiracy. The petitioners, through counsel, contended that they were falsely implicated as retaliation for the killing of petitioner 1’s father and that they were innocent. The High Court examined the petition and, noting the possibility of false implication and the lack of necessity for pre‑trial detention, allowed the bail application. Accordingly, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) CrPC and Section 482 BNSS in view of the allegations against them
- Whether the allegations constitute a false implication warranting pre‑trial detention
Legislation cited
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482
- Bihar Penal Code (BNS) — s. 134, 191(2), 191(3), 303(2), 305, 324(4), 326(g), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- false implication
- arson
- Criminal Procedure Code
- Section 438
- Section 482
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89963 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- SUIYA District- Banka
======================================================
1. Prakash Yadav son of Late Dwarika Yadav Resident of village- Avrakkha,
Ps- Suiya, Dist- Banka
2. Chunchun Yadav son of Late Dwarika Yadav Resident of village- Avrakkha,
Ps- Suiya, Dist- Banka
3. Arun Yadav son of Late Dwarika Yadav Resident of village- Avrakkha, Ps-
Suiya, Dist- Banka
4. Umesh yadav son of Late Dwarika Yadav Resident of village- Avrakkha, Ps-
Suiya, Dist- Banka
5. Guddu Yadav son of Tipan Yadav Resident of village- Avrakkha, Ps- Suiya,
Dist- Banka
6. Kailash Yadav son of Tipan Yadav Resident of village- Avrakkha, Ps- Suiya,
Dist- Banka
7. Balram Yadav son of Prabhu Yadav Resident of village- Avrakkha, Ps-
Suiya, Dist- Banka
8. Anil Yadav son of Late Ganga Yadav Resident of village- Avrakkha, Ps-
Suiya, Dist- Banka
9. Deep Narayan Yadav son of Late Chhedi Yadav Resident of village-
Avrakkha, Ps- Suiya, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
For the Informant : Md. Nazmul Hoda
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-06-2026 Heard the parties.
2. The petitioners apprehend their arrest in
connection with Suiya P.S. Case No. 69 of 2025 registered for
the offence under Sections 134, 303(2), 305, 324(4), 326(g),
352, 351(2), 191(2) and 191(3) of the BNS.
Patna High Court CR. MISC. No.89963 of 2025(5) dt.18-06-2026
2/2
3. As per the prosecution case, the petitioners are
alleged to have burnt the shop of the informant.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
earlier the father of the petitioner no. 1 was killed by the
prosecution side and for preventing the petitioner no. 1 to be a
witness in that case, this false case has been lodged against the
petitioner no. 1 and others.
5. Considering the facts of the case, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned concerned
Court below in connection with Suiya P.S. Case No. 69 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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