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Patna High Court

Subodh Yadav @ Sanjeev Yadav @ Sanjiv YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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