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Patna High Court

Congress Yadav @Kangrares KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Congress Yadav, sought bail for offences alleged under Sections 103(1), 190, 191(2), 191(3), 126(2), 115(2), 109, 351(3) and 352 of the BNS arising from a dispute with the informant’s father. The prosecution alleged that the accused assaulted the informant’s father and caused injuries, while the petitioner claimed innocence, alleging a fabricated FIR and lack of sufficient injury evidence. The State opposed bail, citing a prior case and the petitioner’s participation in the alleged crime. The court examined the facts, the petitioner’s clean antecedent apart from one pending case, and the risk of tampering. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and no tampering with evidence, and directed verification of criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS.
  • Whether the petitioner’s alleged involvement and prior criminal antecedent justify denial of bail.
  • Whether the risk of evidence tampering or witness intimidation warrants refusal of bail.

Subjects

  • bail
  • criminal procedure
  • BNS
  • sections 103, 190, 191, 126, 115, 109, 351, 352
  • antecedent
  • conditions of bail
  • trial cooperation
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9599 of 2026
                      Arising Out of PS. Case No.-338 Year-2025 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Congress Yadav @Kangrares Kumar Son of Nagina Yadav R/o Village -
                 Dahaur Bigha, P.S. - Islampur, Dist. - Nalanda.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Kishore Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, A.P.P.
                 For the Informant        :       Mr. Ajay Mukherjee, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-04-2026                        Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.06.2025 in connection with Islampur P.S. Case No. 338 of

                   2025 for the offences punishable under Sections 103(1), 190,

                   191(2), 191(3), 126(2), 115(2), 109, 351(3) and 352 of the BNS.

                               3. The prosecution story, in brief, is that on 24.06.2025

                   at about 6:00 AM Nagina Yadav, Nirdosh Yadav and Congress

                   Yadav were digging earth by the side of wall of informant.

                   When the formant's father objected the act of accused persons,

                   they abused and assaulted the father of the informant. The 112

                   Police Party was called and an application was given to 112
Patna High Court CR. MISC. No.9599 of 2026(3) dt.01-04-2026
                                            2/4




          Police Party. It is further alleged that on 25/6/2025 at about 6:30

          AM, the father of the informant was passing through the house

          of Nagina Yadav. The accused Persons surrounded the father of

          the informant, abused him and thereafter all accused persons

          started assaulting him. It is further alleged that Nirdosh Yadav,

          Congress Yadav and Nagina Yadav assaulted Binod Yadav by

          iron rod due to which he received injury and got injured and

          became unconscious.

                      4.    Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that from bare perusal of

          the FIR it appears that due to some petty dispute, the present

          occurrence has taken place and it is a case and counter-case and

          it has come during the investigation that the deceased has died

          after five days of the occurrence. It is further submitted that as

          per FIR, three persons have assaulted to the deceased but the

          doctor who has conducted the postmortem examination has

          found only two injuries on the person of the deceased, on that

          basis, the co-accused person Nagina Yadav has been granted
Patna High Court CR. MISC. No.9599 of 2026(3) dt.01-04-2026
                                            3/4




          bail by the learned court below and the police after investigation

          has submitted charge-sheet and petitioner is in custody since

          26.06.2025.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant, on the other hand,

          have vehemently opposed the prayer for bail of the petitioner

          and submit that petitioner has antecedent of one case other than

          the present case but fairly submit that the petitioner is on bail in

          the pending case. Apart from aforesaid, the petitioner has

          participated in the crime in question and there is direct and

          specific allegation against the petitioner in the FIR.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released 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 Judicial

          Magistrate, First Class, Hilsa, Nalanda in connection with

          Islampur P.S. Case No. 338 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient
           Patna High Court CR. MISC. No.9599 of 2026(3) dt.01-04-2026
                                                       4/4




                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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