Patna High Court
Sambhu Yadav @ Shambhu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioners, directing their release upon furnishing the prescribed bond and sureties.
Summary
The petitioners, Sambhu Yadav and Somu Yadav, were arrested in connection with a case registered under several sections of the Bhartiya Nayay Sanhita, including offences of murder, assault, and kidnapping. The prosecution alleged that petitioner No.1 incited a killing, while co‑accused Gulshan Kumar inflicted a fatal head injury and Kavita Devi contributed to the assault. The petitioners argued that the allegations against them were merely to distribute blame, they had no prior criminal record, and had been in custody since October 2025. The State opposed bail, citing the seriousness of the charges. The Court, after considering the facts, the length of custody, and the lack of antecedents, ordered that both petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to the satisfaction of the CJM, Purnea.
Issues considered
- Whether bail should be granted to the petitioners accused under multiple serious offences including Sections 329(3), 126(2), 115(2), 191(2), 191(3), 190, 352, 172(2), 109(1), 74, 351(2), and 103(1) of the Bhartiya Nayay Sanhita
Subjects
- bail
- criminal procedure
- violent offences
- sections of Bhartiya Nayay Sanhita
- custody
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14370 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- Marnga District- Purnia
======================================================
1. Sambhu Yadav @ Shambhu Yadav S/o- Sri Somu Yadav @ Sonu Yadav
Village- Bhawanipur Ward No 6 PS- Maranga Distt-Purnea
2. Somu Yadav @ Sonu Yadav S/o- Sukhdev Yadav Village- Bhawanipur Ward
No 6 PS- Maranga Distt-Purnea
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are seeking bail in connection with
Maranga P.S. Case No. 332 of 2025, registered for the offence
under Sections 329(3), 126(2), 115(2), 191(2), 191(3), 190, 352,
172(2), 109(1), 74, 351(2), 103(1) of the Bhartiya Nayay
Sanhita.
3. As per the prosecution case, petitioner No. 1,
namely, Sambhu Yadav @ Shambhu Yadav, is alleged to have
exhorted to kill, upon which, co-accused Gulshan Kumar
assaulted the son of the informant by means of iron rod and co-
accused Kavita Devi sat on his chest.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.14370 of 2026(2) dt.12-03-2026
2/2
submits that although the allegation against petitioner No.1
appears to have been made only to distribute the allegation,
moreover the allegation of specific assault is against co-accused
Gulshan Kumar over the deceased and as per the postmortem
report, as discussed in the impugned order, the cause of death
was opined to be the head injury, which is specifically attributed
to co-accused Gulshan Kumar. The petitioners have got no
criminal antecedents and petitioners No. 1 and 2 are in custody
since 10.10.2025 and 09.10.2025 respectively.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, 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 CJM, Purnea, in connection with
Maranga P.S. Case No. 332 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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