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2026 DAILYLAW 41240 (PAT)

Akhilesh Yadav v. The State of Bihar

CR. MISC./79957/2025 · 2026-01-21

Ramesh Chand Malviya

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79957 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== 1. Akhilesh Yadav, aged about 30 years (Male), S/O Late Khelawan Yadav @ Ram Khelawan Yadav, R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai. 2. Shrawan Yadav, aged about 33 years (Male), S/O Late Kaushal Yadav, R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai. 3. Shyam Nandan Yadav, aged about 30 years (Male), S/O Late Kaushal Yadav, R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai. 4. Raj Ballabh Yadav, aged about 55 years (Male), S/O Late Haro Yadav, R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai. 5. Shambhu Yadav, aged about 31 years (Male), S/O Late Rabindra Yadav R/O Village- Jahona, P.S- Halsi, Distt.- Lakhisarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 4 21-01-2026 Heard learned counsel for the petitioners, learned counsel for the State and perused the case diary. 2. The petitioners are in custody in a case registered for the offence punishable under Sections 126(2), 127(2), 115(2), 76, 78, 324(4), 118(1), 351(2), 329(4) and 3(5) of the BNS, 2023. 3. As per allegation in the FIR, all the FIR named accused persons caught her minor daughter and attempted to harm the modesty of the minor girl and the informant and later Patna High Court CR. MISC. No.79957 of 2025(4) dt.21-01-2026 2/3 on was also assaulted by lathi bricks and weapon by the petitioners. 4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case due to local village politics. He next submits that the allegation against the petitioners are general and omnibus in nature and there is no specific allegation of assault against the petitioners. He next submits that the version of the FIR, directly contradicts the statement of the victim as recorded under Section 183 of the BNSS and all the accused persons are brothers of the same family, there is case and counter case between them and medical report does not supports the case of the prosecution. 5. Learned APP for the State opposes the prayer for bail of the petitioner. 6. In the light of the aforesaid facts, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Lakhisarai in connection with Halsi P.S. Case No. 81 of 2025, subject to the conditions that the petitioners shall remain physically present on each and every date as fixed by the learned trial Court till conclusion of the trial and if the Patna High Court CR. MISC. No.79957 of 2025(4) dt.21-01-2026 3/3 petitioners shall found in similar nature of offence, it shall be presumed that the petitioners have misused the privilege of bail, in these circumstances, the informant/prosecution is at liberty to move before the trial Court for cancellation of bail bonds of the petitioners. Brajesh Kumar/- (Ramesh Chand Malviya, J) U T