Akshay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74609 of 2025 Arising Out of PS. Case No.-521 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Akshay Yadav S/o Vinod Yadav R/o Ujra Narayanpur, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.T. No. 247 of 2025 arising out of Mirganj P.S. Case No. 521 of 2024 instituted for the offences under Sections 126(2), 109, 118(2), 111, 308(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that, one Parmender Yadav demanded Rs. 20 lakhs extortion from the husband of the informant and, later on, he along with other accused persons encircled the informant's husband and assaulted him and also fired upon him.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.74609 of 2025(3) dt.03-02-2026 2/3 petitioner has falsely been implicated in the present case. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that from perusal of FIR, it appears that this petitioner fired upon the informant. He further contended that the opinion regarding the nature of injury is reserved. Learned counsel further submitted that petitioner never demanded extortion and nor any extortion was paid to the petitioner and, as a matter of fact, the same was demanded by one Parmender Yadav. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is direct allegation of firing against the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mirganj P.S. Case No. 521 of 2024,
Patna High Court CR. MISC. No.74609 of 2025(3) dt.03-02-2026 3/3 subject to the following conditions:
(I) One of the bailors shall be the petitioner's own or a close family member.
(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T