Patna High Court
Congress Yadav @Kangrares KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
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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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