Patna High Court
Subodh Yadav @ Sanjeev Yadav @ Sanjiv YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, in view of the lack of specific overt act against the petitioner, the period of custody already undergone and the grant of bail to a co‑accused, bail should be granted to the petitioner subject to conditions.
Summary
Subodh Yadav was arrested in connection with a case of assault and alleged murder under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused assaulted the informant and Krishna Kumar with weapons, causing serious injuries, and that the informant was later thrown into water. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and pointed to the grant of bail to a co‑accused in a similar case. The State opposed bail. Considering the lack of specific allegations, the period of custody already served, and the precedent of bail to a co‑accused, the court decided to grant bail with monetary and personal surety conditions and a requirement to appear at every trial date.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 given the nature of the allegations and the period of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- court order
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91801 of 2025
Arising Out of PS. Case No.-83 Year-2024 Thana- NAYAGAON District- Begusarai
======================================================
Subodh Yadav @ Sanjeev Yadav @ Sanjiv Yadav S/o Rajendra Yadav
Resident of Village- Dariyapur, Ward No. 7, P.S.- Nayagaon, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Gautam, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nayagaon P.S. Case No. 83 of 2024, instituted for the offences
under Sections191(2), 191(3), 190, 126(2), 115(2), 352, 351(2),
109, 117(2)303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that accused persons
named in the F.I.R., including the petitioner, have assaulted the
informant and one Krishna Kumar with Farsa, iron rods and
Lathi-Danda causing serious injuries to them. It has further been
alleged that all the accused persons treating the informant dead
threw him in the water.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.91801 of 2025(2) dt.20-01-2026
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Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. Learned
counsel for the petitioner further submits that other co-accused
has been granted bail by a Co-ordinate Bench of this Court vide
order dated 08.10.2025 passed in Cr. Misc. No. 38784 of 2025.
It has been submitted on behalf of the petitioner that the
petitioner is in custody since 11.08.2025 and has one criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nayagaon P.S. Case
No. 83 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.91801 of 2025(2) dt.20-01-2026
3/3
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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