Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to conditions.
Summary
The petitioner, Anil Yadav, was arrested in connection with a murder case where the victim was shot with a firearm, alleged under Sections 103 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case alleges that a mob, including the petitioner, surrounded the victim and that co‑accused Mukesh Yadav and Hareram Yadav fired the fatal shots. The petitioner contended that he was only a member of the mob and faced a general, omnibus accusation with no specific charge of firing the weapon, and he had no prior criminal record. The State opposed bail, while the petitioner’s counsel highlighted the parity with co‑accused who had already been granted bail and the petitioner’s clean antecedents. The Court, considering the general nature of the accusation, the period of custody, and the petitioner’s clean record, allowed the bail petition with a bond of Rs. 10,000 and specific conditions.
Issues considered
- Whether bail should be granted to a co‑accused who is only alleged to have been part of a mob under an omnibus accusation.
- Whether the petitioner’s clean antecedents and parity with other co‑accused justify bail despite the seriousness of the offence.
Legislation cited
Subjects
- bail
- omnibus accusation
- Arms Act
- criminal procedure
- parity
- clean antecedents
- mob participation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16997 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- PANDARAK District- Patna
======================================================
Anil Yadav Son of Late Siman Yadav @ Siman @ Late Shivnandan Yadav
Resident of Village - Gowasha Shekhpura, Gherapar Gowasha Shekhpura,
Police Station - Pandarak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Arun, Advocate
For the State : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 and 3(5) of the B.N.S.
and Section 27 of the Arms Act.
3. As per prosecution case, it is alleged that all the
eight named accused persons, including this petitioner, along
with 4 to 5 unknown persons, surrounded elder son of
informant, namely Arun Yadav and thereafter, co-accused
Mukesh Yadav and Hareram Yadav opened fire causing fire arm
injury on the head and stomach of her son, due to which,
informant’s son fell down and died.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.16997 of 2026(2) dt.24-04-2026
2/3
that petitioner is quite innocent and has committed no offence.
From bare perusal of the F.I.R. it is apparent that specific
accusation of causing fire-arm injury is against co-accused
Mukesh Yadav and Hareram Yadav. So far as this petitioner is
concerned, he is only alleged to be member of the mob and
there is general and omnibus allegation against him. It is further
submitted that similarly situated co-accused persons have been
granted bail by this Hon’ble Court vide order dated 18.11.2025
passed in Cr. Misc. No. 75342 of 2025, order dated 03.12.2025
passed in Cr. Misc. No. 82453 of 2025 and order dated
13.02.2026 passed in Cr. Misc. No. 738 of 2026. Moreover,
charge-sheet has already been submitted and petitioner, having
no criminal antecedents, is in custody since 16.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, period of
custody, claim based on parity and clean antecedents, the prayer
for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.16997 of 2026(2) dt.24-04-2026
3/3
satisfaction of learned Additional Chief Judicial Magistrate-I,
Barh, Patna in connection with Pandarak P.S. Case No. 92 of
2025, subject to the following conditions:-
“(i) one of the bailor should be the family
member/relative of the petitioner who shall provide
official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the
evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing
any criminal offence again, failing which the State shall
be at liberty to take steps for cancellation of her bail
bonds.”
(Prabhat Kumar Singh, J)
shashank/-
U T
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