Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25275 of 2026 Arising Out of PS. Case No.-156 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Ashok Yadav Son of Khushilal Yadav R/o Village - Uti Navtoliya, PS - Patarghat District - Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parth Sarthy, Advocate Mr. Priya Raj, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 115, 103(1), 61, 354, 351(2) and 3(5) of BNS and Sections 25(1-b)a, 26 and 27 of the Arms Act.

3. The case of the prosecution is that on 01.08.2025. one Rakesh Yadav has called the husband of the informant, namely, Madan Yadav from his house and subsequently, one Ashok Yadav was overheard talking over phone that Madan Yadav who has gone with Rakesh Yadav had to be shot dead. After hearing this, the informant ran to look for her husband and after going at some distance, she saw that the petitioner along

Patna High Court CR. MISC. No.25275 of 2026(2) dt.01-05-2026 2/3 with other six persons was armed with pistol and remaining accused persons were carrying sticks and lathi in their hands and they were beating the husband of the informant with intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the FIR, it is clear that in this case altogether, 24 persons are named in the FIR and the nature of allegation is general and omnibus. It has further been submitted that there is no intention/motive of the petitioner to kill the deceased as there was no enmity with him. It has also been submitted that there was a dispute within the family of the deceased with regard to land and the same could have been the reason for the death of the deceased. The deceased himself was a man of criminal antecedents and has taken 12 lakhs rupees for grabbing job from numerous persons and that may also be the reason for the alleged occurrence.

It has further been submitted that similarly situated several coaccused persons have been granted bail by this court and other co-ordinate Benches of this court vide Cr. Misc. No. 15533 of 2026 and 9870 of 2026 respectively. Moreover, the petitioner is languishing in judicial custody since 07.02.2025.

Patna High Court CR. MISC. No.25275 of 2026(2) dt.01-05-2026 3/3

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patarghat P.S. Case No. 156 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-II, Saharsa.

(Ashok Kumar Pandey, J) Shubham/- U T