Byas Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28458 of 2026 Arising Out of PS. Case No.-322 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Byas Yadav S/o Mishri Yadav R/o Village - Magahi, P.S. - Laxmipur, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ankita Kumari, Advocate For the State :
Mr. Mritunjay Kumar Nirala, A.P.P.
For the Informant :
Mrs. Archana Sinha, Sr. Advocate Mr. Akshat Arghya, Advocate Ms. Nisha Jha, Advocate Ms. Komal, Advocate Mr. Manish Kumar Paswan, Advocate Ms. Richa Rajiv Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2026
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and Mrs. Archana Sinha, learned Senior Counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325 and 307 of the Indian Penal Code as well as Section 27 of the Arms Act.
3. Learned counsel appearing on behalf of the petitioner submits that petitioner had earlier moved this Court seeking anticipatory bail by filing Cr. Misc. No. 33382 of 2022 and the same came to be rejected vide order dated 27.09.2022 by this Court and thereafter petitioner filed Cr. Misc. No. 3075 of 2026 seeking regular bail and the same came to be rejected vide order
Patna High Court CR. MISC. No.28458 of 2026(2) dt.08-05-2026 2/3 dated 17.02.2026 by this Court with liberty to the petitioner to renew his prayer for bail after framing of charge. It is further submitted that charges, against the petitioner, stand framed by an order dated 02.04.2026.
4. At this stage, learned Senior Counsel appearing on behalf of the informant submits that petitioner, in the present regular bail application, has averred at para 3 that petitioner has antecedent of two cases when he has antecedent of four cases as would manifest from the order dated 24.11.2025 in B.P. No. 730 of 2025 whereby his regular bail application was rejected by the learned District Court for the first time. It is further submitted that petitioner while seeking regular bail by filing Cr. Misc. No. 3075 of 2026, had not approached this Court with clean hands. It is next submitted that if the privilege of regular bail is granted to the petitioner, chances are bright that petitioner will abscond. It is also reiterated and submitted that a person, who does not approach the Court with clean hands, should not be dealt leniently.
5. Learned counsel appearing on behalf of the petitioner vehemently rebuts the said submission of the learned Senior Counsel appearing on behalf of the informant and submits that petitioner has antecedent of two cases only apart from the present case but then it is being submitted by the learned Senior Counsel appearing on behalf of the informant that petitioner has antecedent
Patna High Court CR. MISC. No.28458 of 2026(2) dt.08-05-2026 3/3 of four cases apart from the present case.
6. After hearing the learned counsel for the parties, since liberty was granted to the petitioner to renew his prayer for bail after framing of charge and charges have been framed, as such, the petitioner, above-named, is directed to be released on provisional regular bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with Laxmipur P.S. Case No. 322 of 2021 and thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has more than two antecedents excluding the present FIR in that event his provisional regular bail shall be cancelled but if it is found that petitioner has antecedent of two cases only apart from the present case in that event the provisional regular bail bond shall be confirmed forthwith.
(Satyavrat Verma, J) Kundan/- U T