Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 342, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
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
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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
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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
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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/-
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