Patna High Court
Shatish Kumar @ Satish Kumar @ Satish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners.
Summary
The petitioners, Shatish Kumar Yadav and Nitish Kumar, were arrested in connection with a violent incident on 9 August 2025 in which the husband of an informant was assaulted and later died from a firearm injury. They were charged under Sections 103(1) and 3(5) of the B.N.S. and alleged to be members of the unlawful assembly, though no specific overt act was attributed to them. The petitioners argued they were innocent, had no criminal antecedents, and cited the earlier grant of bail to a similarly situated co‑accused, Madan Sah. The State opposed bail, contending the seriousness of the offence. The Court, considering the lack of direct involvement, the petitioners' clean record, the principle of parity, and the fact that a charge‑sheet had already been filed, allowed bail, ordering each petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to accused persons alleged only to be members of an unlawful assembly without any specific overt act under Sections 103(1) and 3(5) of the B.N.S.
- Whether the principle of parity with a co‑accused previously released on bail warrants granting bail to the petitioners.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- unlawful assembly
- B.N.S.
- Sections 103(1)
- Section 3(5)
- parity
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14347 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
1. Shatish Kumar @ Satish Kumar @ Satish Kumar Yadav S/o Jay Prakash
Yadav Resident of village - Murli, Ward No. 05, Police Station - Bhaptiyahi,
District - Supaul
2. Nitish Kumar S/o Balram Yadav @ Baliram Yadav Resident of village -
Murli, Ward No. 05, Police Station - Bhaptiyahi, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Arun, Advocate
For the State : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 103(1) and 3(5) of the
B.N.S..
3. The prosecution case, in brief, is that on 09.08.2025
between 11 – 12 in the Noon, while informant along with her
husband was going to her Naihar, in the meantime, all the 8
F.I.R. named accused persons, including these petitioners,
surrounded them and brutally assaulted husband of informant. It
is further alleged that co-accused Manish Kumar fired upon
husband of informant, as a result of which he sustained firearms
Patna High Court CR. MISC. No.14347 of 2026(2) dt.10-04-2026
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injury and during treatment, he died.
4. It is submitted by learned counsel for the petitioners
that petitioners are quite innocent and have committed no
offence. From bare perusal of the F.I.R. it is apparent that it was
co-accused Manish Kumar who caused fire arm injury upon
husband of informant, due to which he died. So far as these
petitioners are concerned, they are only alleged to be member of
the unlawful assembly and there is absolutely no allegation of
any overt act against these petitioners. It is further submitted
that similarly situated co-accused person, namely Madan Sah,
has already been granted bail by this Hon’ble Court vide order
dated 17.12.2025 passed in Cr. Misc. No. 86039 of 2025.
Moreover, charge-sheet has already been submitted and
petitioners, having no criminal antecedents, are in custody since
11.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity, period of custody and clean antecedents of the
petitioners, the prayer for grant of bail to the petitioners is
allowed.
Patna High Court CR. MISC. No.14347 of 2026(2) dt.10-04-2026
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7. Accordingly, let the above named petitioners 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 Chief Judicial Magistrate, Supaul in
connection with Bhaptai Sarai P.S. Case No. 179 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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