Chhaila Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11447 of 2026 Arising Out of PS. Case No.-191 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Chhaila Yadav S/O Pulkit Yadav R/O Village- Chamman Tola, P.S- Sahebpur Kamal, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in Sahebpur Kamal P.S. Case No. 191 of 2025 dated 27-06-2025, registered under Sections 126(2), 115(2), 118(1), 352, 351(1), 351(2), 303(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on 25.06.2025 at about 9:15 A.M., the petitioner along with seven co-accused waylaid the informant, assaulted her with lathi, danda and iron rod and tried to outrage her modesty, inflicted a head injury, snatched her gold ornaments and fired upon her with a country-made firearm, after which they fled away from
2/4 the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that due to previous enmity between the parties, the present case has been lodged only to harass the petitioner and his family members. Earlier also, the informant's side had lodged two other criminal cases against the petitioner and his family members. It is submitted that from a perusal of the FIR, it is apparent that no specific allegation of assault is attributed against the petitioner. The only allegation against him is that he along with co-accused Prince Kumar and Kamal Yadav caught hold of the informant by her hair and pushed her on the road.
The allegation of firing is specifically against co-accused Prince Kumar and Bikash Yadav @ Bikash Kumar @ Vikra Kumar, who allegedly fired at the informant with a three nut, the shot passing through her ear; however, she escaped unhurt. It is further submitted that the said co-accused Bikash Yadav @ Bikash Kumar @ Vikra Kumar has already been granted bail by a Co-ordinate Bench of this Court vide order dated 19.11.2025 passed in Cr. Misc. No. 71551 of 2025.
3/4 09.01.2026 passed in Cr. Misc. No. 88374 of 2025. Copies of the aforesaid orders have been annexed as Annexure P-4 series. Lastly, it is submitted that the petitioner has been in custody since 06.07.2025. Five criminal cases are stated to be pending against him and charge-sheet has already been submitted in the present case.
5. On the other hand, learned counsel for the informant and the learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail. It is submitted that the accused persons are continuously threatening the informant to compromise the earlier case instituted by the informant's side.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judge-IV-cum- ACJMIV/ concerned Court, Begusarai in connection with Sahebpur Kamal P.S. Case No. 191 of 2025, subject to the following conditions: (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without
4/4 sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that 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 and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U