Patna High Court
Santu Yadav @ Sintu Yadav @ Sentu Kumar@Sintu Yadav@Sainti YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions of bond and sureties, subject to his cooperation and presence at trial.
Summary
The petitioner, Santu Yadav, was arrested in connection with a case where an informant and his wife were allegedly assaulted, their golden chain stolen, and a firearm allegedly discharged during a confrontation involving twelve accused. The petitioner claims innocence, asserting that the allegations stem from a land dispute, that no one was injured, and that he has been falsely implicated while being in judicial custody since August 28, 2025. The State opposed bail, highlighting the petitioner’s alleged involvement in nine prior criminal cases. After hearing both sides, the Court considered the seriousness of the offences, the lack of injury, the petitioner’s claim of false implication, and his willingness to cooperate with the trial. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to his physical presence at all trial dates.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences listed under the B.N.S., 2023 and the Arms Act.
- Whether the petitioner’s prior criminal record and the allegations of involvement in the assault and theft warrant denial of bail.
- Whether the petitioner’s claim of false implication and lack of injury affect the bail decision.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S. 2023
- land dispute
- false implication
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17313 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Santu Yadav @ Sintu Yadav @ Sentu Kumar@Sintu Yadav@Sainti Yadav S/o
Chhatri Yadav R/o Village - Farreh, P.S - Chautham, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate
Ms. Savika Kumari, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chautham P.S. Case No. 119 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109, 303(2),
352, 351(2), 351(3), 3(5) of the B.N.S., 2023 and Section 27 of
the Arms Act.
3. The case of the prosecution, in short, is that the
informant, along with his wife, was going on a bike. Meanwhile,
all the accused persons, 12 in number, surrounded them and
started hurling abuses. On objection, they assaulted the wife of
the informant and snatched her golden chain. There is an
allegation of firing upon the informant and his wife against the
Patna High Court CR. MISC. No.17313 of 2026(2) dt.23-03-2026
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co-accused, namely, Dhanni Yadav and Santu Yadav (the
petitioner).
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. He also submits that there is only an allegation of firing
and nobody has received any injury. He further submits that
there is also a counter version of this case. As far as the
allegation regarding snatching of golden chain is concerned, the
same is ornamental, general and omnibus in nature. He further
submits that all the cases are between the parties arise out of a
land dispute. Moreover, the petitioner is languishing in judicial
custody since 28.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of nine 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 with the condition
that the petitioner shall cooperate in the trial and shall
remain physically present on each and every date fixed by
the learned trial court. The above named petitioner is directed
Patna High Court CR. MISC. No.17313 of 2026(2) dt.23-03-2026
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to be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rs. ten thousand only) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Khagaria in connection with Chautham P.S. Case No. 119 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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