Patna High Court
Shiv Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail as the only material against him is a co‑accused’s confessional statement and no substantive evidence justifies continued custody.
Summary
Shiv Prakash Yadav was arrested in connection with a robbery and dacoity case (Sections 395 and 397 IPC) after a fire‑busting incident at an informant's house. The FIR named unknown miscreants, and the petitioner’s name appeared only in the confessional statements of co‑accused Amit and Md. Nizam. The petitioner, who has seven prior criminal cases all currently on bail, has been in judicial custody since 9 September 2024 and sought regular bail. The State opposed the bail on the ground of his criminal antecedents, but the court observed that no direct material evidence linked him to the offence apart from the confessional statements. Noting that a similarly situated co‑accused had already been granted bail, the court decided to enlarge bail to the petitioner. He was released on a bail bond of Rs 10,000 with two sureties and ordered to cooperate with the trial and appear on all dates.
Issues considered
- Whether the petitioner is entitled to bail despite the lack of direct evidence and his criminal antecedent.
Legislation cited
- Indian Penal Code — s. 395, 397
Subjects
- bail
- Sections 395 IPC
- Sections 397 IPC
- confessional statement
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12932 of 2026
Arising Out of PS. Case No.-113 Year-2024 Thana- JALE District- Darbhanga
======================================================
Shiv Prakash Yadav S/o Arvind Rai@ Arvid Rai@ Arvind Ray Resident of
Village- Jaynagar, P.S.- Sonbarsa, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Murari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 395 and
397 of the Indian Penal Code.
3. The case of the prosecution is that 7 unknown
miscreants have entered in the house of the informant.
They had made fire and took away valuables from the house of
the informant.
4. Learned counsel for the petitioner has submitted
that the FIR was lodged against unknown miscreants. During
course of investigation, the name of this petitioner has surfaced
on the confessional statement of co-accused persons, namely,
Patna High Court CR. MISC. No.12932 of 2026(2) dt.25-02-2026
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Amit and Md. Nizam. Save and except their confessional
statement, there is nothing against him. Learned counsel for the
petitioner has further submitted that the petitioner has been
named in this case due to his criminal antecedents. The
petitioner is having criminal antecedent of seven cases. It has
been submitted by learned counsel for the petitioner that the
petitioner is on bail in all the seven cases. Similarly situated
other co-accused person has already been granted bail by this
court vide Cr. Misc. No. 48210 of 2025. Moreover, the
petitioner is in judicial custody since 09.09.2024.
5. Learned APP for the State has vehemently opposed
the application for bail.
6. Save and except, the criminal antecedent of the
petitioner, no illegal material is available against the petitioner
in this case. Considering the facts and circumstances of the case,
this court is inclined to enlarge the petitioner on bail. The above
named petitioner is directed to be released on bail in connection
with Jale P.S. Case No. 113 of 2024 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate- 1st, Darbhanga with a condition that the petitioner
shall cooperate in the trial and shall remain physically
Patna High Court CR. MISC. No.12932 of 2026(2) dt.25-02-2026
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present on each and every date fixed by the learned trial
court.
(Ashok Kumar Pandey, J)
shubham/-
U T
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