Created by Fuzzy Cloud

Patna High Court

Shankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application and ordered the petitioner’s release on bail.

Summary

The petitioner, Shankar Yadav, applied for bail in a case (Sikta PS Case No. 141/2025) involving offences under Section 103(1), 238 read with Section 3(5) of the B.N.S. The prosecution alleged that the petitioner was implicated based on a confessional statement of co‑accused Binod Baitha, while the petitioner was not named in the FIR and claimed innocence and no prior criminal record. The petitioner had been in custody since 15‑12‑2025. The State opposed the bail, but the court noted that the co‑accused had already been granted bail in a related matter. Considering these facts, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The bail is to be released upon satisfaction of the Additional District and Session Judge‑IX, West Champaran.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1), 238 and 3(5) of the B.N.S. given the circumstances of his implication and the co‑accused’s bail

Legislation cited

  • B.N.S. — s. 103(1), 238, 3(5)

Subjects

  • bail
  • criminal procedure
  • Section 103
  • Section 238
  • Section 3(5)
  • co‑accused
  • confessional statement
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20107 of 2026
                    Arising Out of PS. Case No.-141 Year-2025 Thana- SIKTA District- West Champaran
                 ======================================================
                 Shankar Yadav Son of Maya yadav Resident Of Village- sirisiya, Ps- Siktta,
                 Dist- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gauri Shankar Thakur
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Sikta

                   P.S. Case No. 141/2025 dated 13.10.2025 for the offences

                   punishable under Section 103(1), 238 read with Section 3(5) of

                   the B.N.S.

                                3. As per the prosecution case, the son of the

                   informant had called him on his mobile phone, which was

                   received by the daughter of the informant and said that some

                   people are beating him near Sirisiya. Upon which, the informant

                   told his daughter to go there and when the daughter of the

                   informant went there, she saw the dead body of his brother.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
             Patna High Court CR. MISC. No.20107 of 2026(2) dt.01-04-2026
                                                         2/2




                       case and he is in custody since 15.12.2025 and has no criminal

                       antecedent. The petitioner is not named in the FIR. The name of

                       the petitioner has          come on the basis of the confessional

                       statement of the co-accused person, Binod Baitha. The co-

                       accused person has been granted bail by this Court vide order

                       dated 16.03.2026 passed in Cr. Misc. No. 15615/2026.

                                    5. Learned APP appearing for the State opposed the

                       prayer for bail of the petitioner.

                                    6. Considering the aforesaid facts and that the co-

                       accused person has been granted bail by this court, this

                       application is allowed.

                                    7. Let the petitioner, above named, be released on bail

                       on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned Additional District and Session Judge-IX, West

                       Champaran at Bettiah in connection with Sikta P.S. Case No.

                       141/2025.



                                                  (Sandeep Kumar, J)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.