Patna High Court
Sarwan Kumar Yadav @ Sarwan Yadav @ Shravan Yadav @ Gulten YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sarwan Kumar Yadav, applied for bail in a case (PS Case No. 207 of 2024) involving multiple offences under the Bihar Penal Code, including assault, robbery, and attempt to murder. The prosecution alleged that the petitioner, along with co‑accused, stopped an informant’s motorcycle, assaulted him, stole money and a mobile phone, and disposed of his bleeding body in a bamboo clump. The petitioner contended that he was falsely implicated, that the FIR specifically named other individuals, and pointed to bail being granted to co‑accused in similar cases. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court found the petitioner's circumstances comparable to the co‑accused who were released on bail and ordered his release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and alleged involvement in the mob assault
- Whether the petitioner’s alleged lack of specific allegation in the FIR and the precedent of bail to co‑accused justify granting bail
Subjects
- bail
- criminal procedure
- IPC offences
- mob assault
- Bihar High Court
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14261 of 2026
Arising Out of PS. Case No.-207 Year-2024 Thana- LAUKAHA District- Madhubani
======================================================
Sarwan Kumar Yadav @ Sarwan Yadav @ Shravan Yadav @ Gulten Yadav,
Son of Kokan Yadav, Resident of Village- Madhopur, P.S.- Laukaha, Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, 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 bail in connection
with Laukaha P.S. Case No. 207 of 2024 registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that in the
background of earlier land dispute, the petitioner and other co-
accused persons stopped the motorcycle of the informant and
brutally assaulted him causing a number of injuries. They also
snatched Rs. 6500/- and a mobile phone from the informant.
The assailants also took away the motorcycle of the informant.
The bleeding body of the informant was thrown away in a
Patna High Court CR. MISC. No.14261 of 2026(2) dt.25-02-2026
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bamboo clump.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. it will transpire that there is
specific allegation against Surendra Yadav and Shiv Sagar
Kunwar. There is no specific allegation against this petitioner.
He is only a member of mob. It has further been submitted that
similarly situated co-accused Devendra Kamat has been granted
bail by learned Co-ordinate Bench of this Court vide Cr. Misc.
No. 11600 of 2025 and the co-accused Shiv Sagar Kunwar has
been granted bail by this Court vide Cr. Misc. No. 86291 of
2025. The case of this petitioner stands on better footing.
Petitioner is languishing in judicial custody since 20.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.14261 of 2026(2) dt.25-02-2026
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of the like amount each to the satisfaction of the learned
S.D.J.M., Jhanjharpur, Madhubani in connection with Laukha
P.S. Case No. 207 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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