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Patna High Court

Sambhu Yadav @ Shambhu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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