Patna High Court
Om Prakash Yadav @ Tanik Yadav @ Om Prakash GautamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties and to cooperate with the trial.
Summary
The petitioner, Om Prakash Yadav, was arrested in connection with a case involving arson, assault, and robbery at a construction site, where unknown persons set fire to equipment, threatened workers, and stole cash. The petitioner contended that he was not named in the FIR, no incriminating material was recovered from him, and the only evidence against him was a confessional statement of a co‑accused. He had been in custody since 27‑09‑2025 and argued that similarly situated co‑accused had been granted bail. The State opposed the bail application. Considering the lack of direct evidence against the petitioner and the principle of bail, the court directed that he be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to cooperation with the trial. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- What is the applicability of bail provisions to the petitioner given the nature of the offences and the evidentiary material against him?
Legislation cited
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 323, 341, 379, 386, 435
Subjects
- bail
- regular bail
- IPC
- UAP Act
- Criminal Law Amendment Act
- arson
- robbery
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90215 of 2025
Arising Out of PS. Case No.-412 Year-2016 Thana- GAYA MUFASIL District- Gaya
======================================================
Om Prakash Yadav @ Tanik Yadav @ Om Prakash Gautam Son of Late
Kuldip Yadav Resident of Village- Mohra, P.S.- Gehlour in the District of
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Nandan Kumar Tiwary
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 09-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Muffasil P.S. Case No. 412 of 2016 registered under Sections
147, 148, 149, 323, 341, 386, 435, 379 of the IPC and Sections
14,16, 17, 18, 20, 38, 40 of UAP Act and 17 of the Cr.L.A. Act.
3. According to allegation, some unknown persons
came at the site where some construction work was going on and
set fire to a number of equipment including some vehicles,
motorcycles etc and threatened on gun point to switch off their
mobile phones. They also assaulted them and away their mobile
phones and cash of Rs. 50,000/- from individual workers. They
left a note demanding money.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.90215 of 2025(2) dt.09-01-2026
2/2
that the petitioner is not named in the FIR, nothing was
recovered from his possession and except for the confessional
statement of co-accused Kamlesh Ram @ Kamlesh Kahar, there
is nothing against the petitioner. He has further submitted that,
on exactly similar footing, other co-accused persons have been
granted bail. The petitioner has been in custody since
27.09.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
CJM, Gayajee in connection with Muffasil P.S. Case No. 412 of
2016, subject to the following conditions that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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