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Patna High Court

Sandeep Yadav @ Sandeep KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order denying bail is set aside, directing that the appellant be released on bail.

Summary

The appellant, Sandeep Yadav, was charged under multiple provisions of the Bihar Narcotic Substances Act, the Arms Act and the SC/ST (Prevention of Offences) Act for allegedly firing at a school‑going complainant. The trial court rejected his bail application, relying on the charges and the State’s claim of six prior cases. The appellant contended that the FIR does not name him, that only confessional statements of co‑accused implicate him, and that a co‑accused on similar facts had already been granted bail. The High Court, after hearing counsel, found no specific overt act linking the appellant to the shooting and held the confessional statements insufficient. Consequently, the Court set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on bail upon furnishing a bond with sureties.

Issues considered

  • Whether the appellant is entitled to bail despite the serious charges under the B.N.S., Arms Act and SC/ST (POA) Act.
  • Whether confessional statements of co‑accused naming the appellant constitute sufficient basis to deny bail.
  • Whether the appellant’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • confessional statements
  • SC/ST (POA) Act
  • Arms Act
  • false implication
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2758 of 2025
                    Arising Out of PS. Case No.-148 Year-2024 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Sandeep Yadav @ Sandeep Kumar S/o Reshamlal Yadav Resident of village-
                 Shyam Ward No 11, Panchayat - Pirnagar, PS- Gwalpara, District- Madhepura

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Shobha Kumari W/o Binod Kumar R/o vill - Phulwariya, ward no. 13, P.S.-
                 Gwalpara, Distt.- Madhepura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. N.K. Agarwal, Sr.Advcate
                                                 Mr. Kumar Praveen, Advocate
                                                 Mr. Barun Kumar Singh, Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   15-01-2026                    Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                                2. The instant appeal has been filed by the appellant

                   against the order dated 03.06.2025 passed by learned District

                   and Additional Sessions Judge-1st-cum-Special Judge SC/ST

                   (POA) Act, Madhepura whereby the prayer for bail of the

                   appellant in connection with Gwalpara P.S. Case no. 148 of

                   2024 under Sections 126, 127(2), 109 and 3(5) and 103(1) of

                   B.N.S., Section 27 of the Arms Act and Sections 3(2) (v) of

                   SC/ST (POA) Act was rejected.

                                3. The case of the prosecution is that when the

                   complainant was going to school on a bike, two persons riding
Patna High Court CR. APP (SJ) No.2758 of 2025(4) dt.15-01-2026
                                             2/3




          on another bike over took and intercepted him. The pillion rider

          got down from the bike, took out a pistol and fired at him. The

          bullet hit on the complainant’s right side of the stomach and

          existed from the back whereafter they ran towards the village.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. From

          perusal of the FIR, it is clear that the name of the appellant does

          not find place therein. During course of investigation, Shivam

          Kumar and Manish Thakur are alleged to have made

          confessional statements in which, they named the appellant. It is

          further submitted that even in the said confessional statement,

          there is no allegation that this appellant fired at the deceased

          rather it has been stated that one Raja has fired. Save and

          except, confessional statement, there is nothing against this

          appellant.       Similarly situated other co-accused person has

          already been granted bail by this court vide order dated

          18.12.2025 passed in Cr. APP(SJ) No. 2516 of 2025. The case

          of this appellant stands on similar footing. Moreover, the

          appellant is languishing in judicial custody since 15.03.2025.

                       5. The appeal for bail is opposed by learned Spl. P.P.

          for the State and submitted that appellant is having criminal

          antecedent of six cases.
            Patna High Court CR. APP (SJ) No.2758 of 2025(4) dt.15-01-2026
                                                         3/3




                                   6. Having heard learned counsel for the parties and

                      taking into consideration that there is no any specific overt act

                      against the appellant, the Court is inclined to allow this appeal.

                      Accordingly, the appeal is allowed and the impugned order

                      dated 03.06.2025 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                      connection with Gwalpara P.S. Case No. 148 of 2024 on

                      furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                      with two sureties of the like amount each to the satisfaction of

                      the learned District and Additional Sessions Judge-1st-cum-

                      Special Judge, SC/ST (POA) Act, Madhepura.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T


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