Patna High Court
Balgovind Yadav @ Bhakhlu Yadav @ Gope @ Balgovind Gope @ Balgovind PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to both petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Ajay Yadav and Balgovind Yadav, were charged under IPC sections 302, 307, 353, 323, 34 and Arms Act sections 25(1‑B)(a), 26, 27, 35 for alleged participation in the theft of a buffalo and the murder of a Sub‑Inspector. They contended that they were not named in the FIR, were not subjected to a test identification parade, and that the only substantive evidence was a confessional statement of a co‑accused. The State opposed bail, highlighting the seriousness of the offences and the petitioners’ multiple prior criminal antecedents. The Court examined the facts, noting that the petitioners were not the principal assailants, that charges had already been framed, and that they had been in custody for over a year. Considering these circumstances, the Court ordered that bail be granted to each petitioner upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted to accused persons charged with murder and related offences under the IPC and Arms Act.
- Whether the petitioners’ prior criminal antecedents preclude the grant of bail.
- Whether the absence of a test identification parade and the nature of the evidence affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Indian Penal Code — s. 302, 307, 323, 34, 353
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal antecedents
- identification parade
- charges framed
- theft of cattle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85789 of 2025
Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
======================================================
Ajay Yadav @ Jatha S/O Chandrika Yadav Village - Bhawanibigha @bhavani
bigha, P.s.- Chiksaura, District -Nalanda. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 90880 of 2025
Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
======================================================
Balgovind Yadav @ Bhakhlu Yadav @ Gope @ Balgovind Gope @
Balgovind Prasad S/O Hari Nandan Gope R/O village- Sandh Bigha, P.S-
Karai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85789 of 2025)
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
(In CRIMINAL MISCELLANEOUS No. 90880 of 2025)
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 25-02-2026 As both the cases arise out of the same police
station case number, hence with consent of the parties, they have
been heard together for final disposal at this stage itself.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners seek bail in a case registered for
the offence punishable under Sections 302, 307, 353, 323 and 34
of the Indian Penal Code and Sections 25(1-B)(a), 26, 27 and 35
of the Arms Act.
Patna High Court CR. MISC. No.85789 of 2025(4) dt.25-02-2026
2/3
4. As per the prosecution case, the allegation
against the petitioners is that they actively participated in the
commission of theft of buffalo and in the murder of the S.H.O.
5. It is submitted by learned counsel for the
petitioners that the petitioners have not been named in the F.I.R.
rather only Meghu Prasad has been named to be roaming with
his 10-15 associates to steal the cattle. On the intervention of the
police, 10-12 persons of his gang came to their rescue and it is
alleged in the First Information Report that one out of them
fired at the S.H.O. leading to his death. It is further submitted
that only material available during the course of investigation is
the confessional statement of co-accused, Dhananjay Kumar,
which finds place in para-86 of the case diary, a perusal of
which indicates that the said Dhananjay Kumar has confessed
his guilt and narrated the whole incident in sequence. So far as
these petitioners are concerned, they have only been made
accused in this case as being the members of the gang of
Meghu Prasad, who were engaged in making plans for stealing
cattle. It has also been submitted that despite the claim of the
informant of identifying the criminals, the petitioners had not
been put on test identification parade. Petitioner, Ajay Yadav
alias Jatha is in custody since 25.01.2025 and petitioner,
Balgovind Yadav @ Bhakhlu Yadav @ Gope @ Balgovind
Patna High Court CR. MISC. No.85789 of 2025(4) dt.25-02-2026
3/3
Prasad is in custody since 12.10.2024 and only the charges have
been framed in the case.
6. Learned APP for the State opposed the bail
petitions on the grounds of allegations made in the F.I.R. and
that the petitioner, Ajay Yadav alias Jatha has five criminal
antecedents, while Balgovind Yadav @ Bhakhlu Yadav @ Gope
@ Balgovind Gope @ Balgovind Prasad has nine criminal
antecedents. In response, it is submitted that petitioners are on
bail in all the cases.
7. Taking into consideration the facts and
circumstances of the case and also considering the fact that
these petitioners are not the main assailants rather members of
gang and are in custody for about more than one year coupled
with the fact that the charges have been framed, the above
named petitioners are directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Ujiyarpur P.S. Case No.306 of 2023.
(Soni Shrivastava, J)
Trivedi/-
U T
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