Patna High Court
Sanjay Yadav @ UjagarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail, subject to specified conditions.
Summary
The petitioner, Sanjay Yadav, was charged under Sections 302 and 34 of the Indian Penal Code in Shahpur P.S. Case No. 208 of 2023 and had been in custody since 8 May 2024. He filed a second application for regular bail after an earlier bail denial by a coordinate bench of the Patna High Court. The petitioner asserted his innocence and highlighted that other co‑accused in the same case had been granted bail. The State opposed the bail application. Considering the circumstances and the precedent of bail being granted to similarly situated co‑accused, the court allowed the regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with conditions of regular appearance in court and monthly attendance at the police station. The bail was granted subject to cancellation if the conditions are breached.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offence under IPC Sections 302 and 34.
- Whether the grant of bail to similarly situated co‑accused influences the decision on the petitioner's bail application.
- What conditions may be imposed on bail in such cases.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- IPC 34
- regular bail
- high court
- co‑accused
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43210 of 2025
Arising Out of PS. Case No.-208 Year-2023 Thana- SAHPUR District- Patna
======================================================
Sanjay Yadav @ Ujagar Son of Late Ramdhyan Yadav @ Ramdhyan Singh @
Ramdhyan Ray Resident of Village- Nurpur, Chandmari, P.S.- Shahpur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh
For the Opposite Party/s : Mr. Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 24-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Shahpur P.S. Case No. 208 of 2023
registered for the offence under Sections 302/34 of the Indian
Penal Code.
3. Earlier the bail application of the petitioner was
rejected by a co-ordinate Bench of this Court vide Cr. Misc. No.
67702 of 2024 dated 29.11.2024.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.05.2024. He further submits
that similarly situated co-accused persons have been granted
Patna High Court CR. MISC. No.43210 of 2025(6) dt.24-03-2026
2/2
bail by a co-ordinate Bench of this Court vide Cr. Misc. No.
57410 of 2023 dated 02.12.2023.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances
and the fact that similarly situated co-accused persons have been
granted bail, this application for regular bail is allowed.
7. Accordingly, 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 Judicial Magistrate, 1st Class,
Danapur/concerned Court below in connection with Shahpur
P.S. Case No. 208 of 2023 subject to condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(ii). The petitioner will mark his
attendance at the Shahpur Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…