Patna High Court
Shubhankar Yadav @ Abhinandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to stipulated conditions.
Summary
The petitioners sought anticipatory bail fearing arrest in a case (Mansi PS No.255 of 2025) involving offences under Sections 302, 201, 120B and 34 of the IPC. The prosecution alleged that firearms were recovered from a disputed land and that the petitioners’ names appeared in the FIR based on a personal spy’s information, though no weapons were found in their possession and they have no prior criminal record. The petitioners argued that the suspicion was tenuous and that there was no direct evidence linking them to the seized arms. The court examined the nature of the allegations, the seriousness of the offences, and the petitioners’ clean antecedents. Considering the lack of personal possession of contraband and the reliance on a spy’s statement, the court granted anticipatory bail subject to a bond, sureties, a family member bailor, and cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted in a case involving serious IPC offences based solely on suspicion arising from a personal spy’s information
- Whether the absence of personal possession of the seized firearms and the petitioners’ clean criminal record justify bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- anticipatory bail
- IPC sections 302 201 120B 34
- firearms seizure
- personal spy
- bail conditions
- clean criminal record
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19506 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- MANSI District- Khagaria
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1. Shubhankar Yadav @ Abhinandan Yadav Son of Shankar Yadav R/o vill -
Soharwa, ward no. 10, P.S.- Choutham, Distt.- Khagaria
2. Pappu Yadav S/o Kishundeo Yadav R/o vill - Soharwa, ward no. 10, P.S.-
Choutham, Distt.- Khagaria
3. Shankar Yadav S/o Biranchi Yadav R/o vill - Soharwa, ward no. 10, P.S.-
Choutham, Distt.- Khagaria
4. Chandan Yadav S/o Munsi Yadav R/o vill - Soharwa, ward no. 10, P.S.-
Choutham, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the State : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Mansi P.S. Case No. 255 of 2025 in a case registered
for the offence punishable under Sections 302, 201, 120B/34 of the
IPC.
3. As per the prosecution case, on 13.11.2025, on a secret
information regarding armed individuals forcibly cultivating disputed
land in Village Singharsama, a police team reached the residence of
co-accused, Shankar Yadav apprehended three persons, Angad Yadav,
Gaurav Kumar and Dinesh Yadav. On search of the place of
occurrence, some country made rifles, some live cartridges and
ammunition belts were recovered.
Patna High Court CR. MISC. No.19506 of 2026(2) dt.06-04-2026
2/3
4. Learned counsel for the petitioners submits that it
would be apparent from the first information report based on the self-
statement of the Sub-Inspector that upon an information that firing
was taking place at a particular place, they reached the place of
occurrence and three persons were taken into custody while others
managed to flee away. It is submitted that at the instance of the
apprehended co-accused, firearms including country made rifles,
cartridges etc. was recovered from the bushes. It is further submitted
that name of the petitioners transpired on account of the statement of
a personal spy and no such disclosure was made by the apprehended
co-accused persons. It has also been submitted that no recovery was
made from the personal or conscious possession of the petitioners
and they have no criminal antecedents.
5. Learned APP for the State opposed the prayer for grant
of anticipatory bail of the petitioners.
6. Taking into consideration the facts and circumstances
and also considering the fact that name of the petitioners transpires
only on the basis of suspicion and disclosure made by personal spy
and no injuries have been caused in the incident coupled with the fact
that the petitioners have no criminal antecedent, let the above named
petitioners, in the event of their arrest or surrender before the learned
Court below within a period of four weeks from today, be enlarged
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.19506 of 2026(2) dt.06-04-2026
3/3
satisfaction of the learned court below where the case is
pending/successor court in connection with Mansi P.S. Case No. 255
of 2025, subject to the condition as laid down under Section 438 (2)
of the Cr.P.C./482(2) of the B.N.S.S., subject to the condition that:
(I) One of the bailors will be a family member/close
relative.
(II) The petitioners shall cooperate in
investigation/trial.
(Soni Shrivastava, J)
priyanka/-
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