Patna High Court
Sandeep Yadav @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 109, 126, 127(2), 3(5)
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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