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Patna High Court

Shankar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order refusing bail and allowed the appeal, granting bail to all appellants with conditions.

Summary

The appellants, four members of the Yadav family, appealed under Section 14(A)(2) against the Additional Sessions Judge's refusal to grant regular bail in a case involving serious offences under the IPC, Arms Act and SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellants participated in a mob attack, firing on and assaulting the informant's son, leading to his death. The appellants contended that the FIR was fabricated, that specific allegations of assault or overt acts were directed only at a co-accused, and that they were falsely implicated. The court noted that no explicit charge of assault was made against the appellants, considered their criminal antecedents, and confirmed provisional bail for one appellant while granting bail to the remaining three with strict conditions. Consequently, the order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether regular bail should be granted to the appellants despite the grave nature of the charges.
  • Whether the absence of a specific allegation of assault or overt act against the appellants warrants bail.
  • Whether the appellants' prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC offences
  • Arms Act
  • SC/ST Act
  • criminal antecedent
  • regular bail
  • provisional bail

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3623 of 2025
                      Arising Out of PS. Case No.-461 Year-2022 Thana- AMARPUR District- Banka
                 ======================================================
           1.     Shankar Yadav S/o Bishnudeo Yadav Resident Of Village- Majhgay, Ps-
                  Sambhuganj, Dist- Banka
           2.    Nirdosh Yadav S/o Bishnudeo Yadav Resident Of Village- Majhgay, Ps-
                 Sambhuganj, Dist- Banka
           3.    Bishnudeo Yadav S/o Late Baldeo Yadav Resident Of Village- Majhgay, Ps-
                 Sambhuganj, Dist- Banka
           4.    Manni Yadav @ Manoj Yadav S/o Bishnudeo Yadav R/o vill - Majhgay,
                 P.S.- Shambhuganj, Dist.- Banka

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Yogendra Narayan Das S/o Late Mukti Das R/o vill - Mainma, P.S.-
                 Amarpur, Distt.- Banka

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Ravi Prakash Dwivedi, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, Sp.PP
                 For the Respondent No.2:        Mr. Ganesh Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   08-05-2026                 Heard Mr. Ravi Prakash Dwivedi, learned counsel for

                   the appellants, Mr. Ganesh Sharma, learned counsel appearing

                   on behalf of the Respondent No. 2 as well as Mrs. Usha Kumari

                   1, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 18.02.2025

                   passed by the learned Additional Sessions Judge-I-cum-Special

                   Judge, (SC/ST), Banka in connection with Amarpur P.S. Case

                   No. 461/2022, F.I.R. dated 19.08.2022 registered under Sections
Patna High Court CR. APP (SJ) No.3623 of 2025(7) dt.08-05-2026
                                             2/4



          147, 148, 149, 341, 342, 323, 302 and 504 of the Indian Penal

          Code, Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)

          (v) of the Scheduled Castes and Scheduled Tribes Act

          (Prevention of Atrocities) Act.

                       3. According to the prosecution case, several accused

          persons surrounded the informant’s son and on the order of

          Bishudeo Yadav, accused, Pintu Yadav open fire. The appellant

          Pankaj Yadav, Shankar Yadav and Nirdosh Yadav also opened

          fire. It is further alleged that other accused persons dashed him

          on floor and started brick batting upon the informant’s on with a

          view to kill him and ultimately he died.

                       4. Learned counsel for the appellant submits that

          appellants are innocent and they have falsely been implicated in

          the present case. He further submits that the allegation as

          alleged in the F.I.R. is false and fabricated and the appellants

          have not committed any offences as alleged in the F.I.R. There

          is no specific allegation of assault or overt act against the

          appellants rather the specific allegation of firing is against the

          co-accused person, namely, Pintu Yadav. The co-accused

          persons, namely, Pankaj Kumar, Sargun Das, Sikandar Das have

          been granted bail by the co-ordinate bench of this Court vide

          order dated 20.07.2023, 20.07.2023 and 16.05.2023 passed in

          Cr. Appeal (SJ) No. 773 of 2023, 4307 of 2022 and 1928 of

          2023 respectively. He further submits that the police, after
Patna High Court CR. APP (SJ) No.3623 of 2025(7) dt.08-05-2026
                                             3/4



          investigation, submitted charge sheet against the appellants. The

          appellant no. 1 and 2 are in custody since 28.10.2024 and the

          appellant no. 3 and 4 are in custody since 07.01.2025.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellants by submitting that the appellant nos. 1, 2 and 3

          carries three criminal antecedent whereas the appellant no. 4

          carries two criminal antecedent other than the present one.

                       6. Considering the above, the provisional bail granted

          to the appellant no. 3 vide order dated 24.02.2026 is hereby

          confirmed with given conditions in connection with Amarpur

          P.S. Case No. 461/2022 to the satisfaction of learned Additional

          Sessions Judge-I-cum-Special Judge, (SC/ST), Banka.

                       7. Considering the aforesaid facts and circumstances

          of the case and there is no specific allegation of assault or overt

          act against the appellants, let the appellant nos. 1, 2 and 4, above

          named, 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 Additional Sessions

          Judge-I-cum-Special Judge, (SC/ST), Banka in connection with

          Amarpur P.S. Case No. 461/2022,                        with other following

          conditions:-

                       i. Appellants shall co-operate in the trial and shall be
             Patna High Court CR. APP (SJ) No.3623 of 2025(7) dt.08-05-2026
                                                          4/4



                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the appellants tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the appellants and in case at

                       any stage it is found that the appellants have concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the appellants. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.

                                    8. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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