Patna High Court
Kamaldeo YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The order rejecting bail is set aside and bail is granted to the appellant.
Summary
The appellant, Kamaldeo Yadav, appealed against the order of the Exclusive Special Judge that rejected his bail application in a case involving offences under several sections of the BNS, the Arms Act and the SC/ST (POA) Act. The prosecution alleged that Yadav was part of an unlawful assembly that shot the deceased, while the defence argued that he was merely a member of the assembly with no specific role in the shooting. The High Court examined the nature of the allegations, the appellant's custody period, and the lack of direct involvement. It concluded that the bail rejection was unwarranted and set aside the lower court's order. Consequently, the court granted bail on condition of a Rs.10,000 bond with two sureties and directed the appellant to cooperate with the trial.
Issues considered
- Whether the appellant, alleged to be a member of an unlawful assembly, is entitled to bail despite charges under Sections 126(2), 115(2), 103(1), 352, 61(2) of the BNS, Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)(v) of the SC/ST (POA) Act.
- Whether the appellant's alleged role, or lack thereof, justifies the grant of bail.
Legislation cited
- Arms Act — s. 27
- BNS — s. 103(1), 115(2), 126(2), 352, 61(2)
- SC/ST (POA) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- unlawful assembly
- Criminal Procedure Code
- Arms Act
- SC/ST (POA) Act
- Bihar
- special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.922 of 2026
Arising Out of PS. Case No.-572 Year-2024 Thana- FATUA District- Patna
======================================================
Kamaldeo Yadav S/o- Late Ram Sahak Yadav @ Shak Yadav Resident of
Village- Ranipur P.O and P.S- Fatuha District- Patna
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Smt. Kabita Devi w/o- Sri Lal Bahadur Paswan Resident of Village- Ranipur
P.O and P.S- Fatuha District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arbind Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard the parties.
2. The instant appeal has been filed by the appellant
against the order dated 17.02.2026 passed in Special Case No.
447 of 2024 arising out of Fatuha P.S. Case No. 572 of 2024
passed by the learned Exclusive Special Judge-SC/ST (POA)
Act, Civil Court Sadar, Patna whereby the bail application of the
appellant registered for the offence under Sections 126(2),
115(2), 103(1), 352, 61(2) of the BNS, under Section 27 of the
Arms Act and under Sections 3(1)(r)(s), 3(2)(v) of SC/ST
(POA) Act, was rejected.
3. As per the prosecution case, Santu and Monu are
said to have caught hold of the deceased and thereafter Bhola
Patna High Court CR. APP (SJ) No.922 of 2026(3) dt.12-05-2026
2/3
Yadav shot at the deceased, which hit him on his chest. Bukhar
Yadav and another are said to have fired but the same did not hit
anyone.
4. The appellant is in custody since 14.01.2026 and it
has been submitted by the learned counsel for the appellant that
the appellant was only the member of the unlawful assembly
and there is no role assigned to him in the alleged offence.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the facts of the case, the nature of
allegation levelled against the appellant and his period of
custody, this application is allowed and accordingly, the order
dated 17.02.2026, is hereby set aside.
7. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Special Case
No. 447 of 2024 arising out of Fatuha P.S. Case No. 572 of
2024.
8. After being released on bail, the appellant is
directed to cooperate in the trial by appearing personally till the
framing of charge, if the charge has not already been framed and
Patna High Court CR. APP (SJ) No.922 of 2026(3) dt.12-05-2026
3/3
after framing of charge he is directed to cooperate in the trial
either by appearing personally or through his lawyer. Non-
compliance of the condition will result in cancellation of the bail
bonds of the appellant.
(Sandeep Kumar, J)
Vikas/-
U
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