Patna High Court
Mahesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
Mahesh Yadav was arrested in connection with a 2018 case involving rioting, attempt to murder, and illegal possession of arms under Sections 147, 148, 149, 353, 307 of the IPC, Section 27 of the Arms Act and Sections 18, 20, 23 of the UAPA. The prosecution alleged that a police raid led to an exchange of fire and a large cache of weapons was recovered, but no incriminating material was found on the petitioner. The petitioner contended that he was falsely implicated, was not apprehended at the scene, and pointed out that similarly situated co‑accused had been granted bail by a coordinate bench. The State opposed bail, citing the seriousness of the offences. The High Court, after considering the lack of direct evidence against the petitioner and the precedent of bail to co‑accused, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under the IPC, Arms Act and UAPA despite the seriousness of the charges
- Whether the absence of any incriminating article recovered from the petitioner’s possession justifies bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 353
- Unlawful Activities (Prevention) Act — s. 18, 20, 23
Subjects
- bail
- rioting
- attempt to murder
- illegal arms possession
- UAPA
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91759 of 2025
Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai
======================================================
Mahesh Yadav S/O Rajo Yadav R/village - Punadih, P.S - Kajra, Dist. -
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar , Advocate
For the Opposite Party/s : Mr. Surendra Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard both parties.
2. The petitioner seeks bail in Kajra P.S. Case No. 61
of 2018, registered for the offence punishable under Sections
147, 148, 149, 353 and 307 of the Indian Penal Code and
section 27 of the Arms Act and section 18, 20 and 23 of the
UAP Act.
3 . As per prosecution case , on a tip off, informant
along with other police officials reached at the place of
occurrence and conducted raid. After seeing the police party,
miscreants started indiscriminate firing and in retaliation police
party also started firing. From the place of occurrence, huge
quantity of arms and ammunitions and other materials were
recovered.
4. It is submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.91759 of 2025(2) dt.13-02-2026
2/2
petitioner has falsely been implicated in this case as they were
not apprehended on the spot. Allegation is general and omnibus
in nature . No incriminating article has been recovered from
possession of this petitioner. Similarly situated co-accused has
been granted regular bail by a coordinate Bench of this court
vide order dated 05.09.2019 passed in Cr. Misc. No. 56394 of
2019. Petitioner is in custody since 08.09.2025 .
5 . Learned counsel for the State opposed the bail.
6. Considering the facts and circumstances of the
case, the petitioner above-named, is directed to be enlarged 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 SDJM Lakhisarai in connection with Kajra P.S. Case
No. 61 of 2018 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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