Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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
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