Patna High Court
Bhuplal Yadav @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application of the petitioner is rejected.
Summary
The petitioner, Bhuplal Yadav, was arrested in connection with a 2020 incident alleged to involve rioting, assault, and murder under IPC Sections 147, 148, 149, 324 and 302. He applied for regular bail, claiming he was falsely implicated and that the FIR contains only vague, omnibus allegations. The informant contended that the petitioner was present at the scene, armed with a pistol, and that his father later died from injuries sustained during the assault. The State opposed bail, highlighting the seriousness of the offences, the petitioner’s prior criminal history, the commencement of trial with witnesses already examined, and the risk of absconding. The court noted the presence of the petitioner at the incident and the ongoing trial, and was not persuaded by the claim of false implication. Consequently, the court rejected the regular bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the stage of trial
- Whether the general nature of the FIR allegations precludes bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 324
Subjects
- regular bail
- IPC offences
- rioting
- murder
- false implication
- trial stage
- risk of absconding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90449 of 2025
Arising Out of PS. Case No.-232 Year-2020 Thana- LAXMIPUR District- Jamui
======================================================
Bhuplal Yadav @ Mukesh Yadav S/O Kinu Yadav R/O Village- Mangrar, P.S-
Mohanpur, Distt.- Jamui, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv.
For the Opposite Party/s : Mr. Rina Sinha, APP
For the Informant : Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Akash Raj, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned Senior counsel Mr. Krishna
Prasad Singh appearing on behalf of the informant.
2. The petitioner seeks bail in connection with
Laxmipur P.S. Case No.232 of 2020, registered for the offences
punishable under Sections 147, 148, 149, 324 and 302 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is in custody since 03.04.2025 and from perusal of the
allegation as alleged in the FIR, it would manifest that
informant alleges that he went to graze his cattle in the field on
15.06.2020 at 12 Noon, when named accused persons including
the petitioner came variously armed and assaulted his father, it
Patna High Court CR. MISC. No.90449 of 2025(2) dt.05-02-2026
2/3
is next alleged that even the accused persons chased the
informant, who had gone to give food to his father, further the
father of the informant was taken to hospital from where he was
referred to a higher center but he died during the course of
treatment.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault is general and omnibus in nature. It is
further submitted that Baleshwar Yadav has been granted the
privilege of regular bail by order dated 21.06.2023 in Cr. Misc.
No.38042 of 2023, since charges against him was framed. It is
further submitted that charges against the petitioner also stands
framed.
5. Learned APP and the learned Senior counsel
appearing on behalf of the informant opposes the regular bail
application of the petitioner and submits that no doubt the
allegation of assault is not specific but then it is alleged that
petitioner was also present at the place of occurrence and was
carrying a pistol though death was not caused on account of
firearm injury but petitioner has antecedent of three cases and
Patna High Court CR. MISC. No.90449 of 2025(2) dt.05-02-2026
3/3
one of the case has been instituted with an allegation that he
threatened the informant and his side for withdrawing the
present FIR. It is also submitted that after framing of charge trial
has commenced and one witness has been examined and four
more witnesses remained to be examined. It is next submitted
that when Baleshwar Yadav was granted the privilege of regular
bail, at that time the charges were framed but the trial had not
commenced. It is further submitted that if privilege of regular
bail is granted to the petitioner, the petitioner may abscond.
6. Considering the submission made by the learned
APP and the learned counsel appearing on behalf of the
informant, the Court is not inclined to release the petitioner on
bail.
7. The regular bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.