Patna High Court
Sumo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to detailed conditions, despite the seriousness of the charges and his criminal antecedents.
Summary
Sumo Yadav applied for anticipatory bail in connection with a 2024 case involving multiple offences under the Bharatiya Nyaya Sanhita and the Arms Act. The FIR does not name him; his alleged involvement emerged from a spy’s information and his three prior convictions. The State opposed the bail, arguing the seriousness of the charges. The High Court, noting the lack of specific allegations in the FIR and the petitioner’s claim of being unaware of his implication, granted anticipatory bail subject to stringent conditions, including surety, regular reporting to police, and possible cancellation for non‑compliance. The order also stipulated that the bail conditions are not to affect the trial’s merits.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR but is implicated through investigative information.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 125, 126(2), 190, 191(2), 191(3), 303(2), 324(4), 324(5), 482
Subjects
- anticipatory bail
- criminal antecedent
- FIR
- Bharatiya Nyaya Sanhita
- Arms Act
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44250 of 2026
Arising Out of PS. Case No.-176 Year-2024 Thana- BARIYARPUR District- Munger
======================================================
Sumo Yadav S/O ShailendraYadav R/vill- Sotipul Pariya, P.S.- Bariyarpur,
Distt-Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Bariyarpur P.S. Case No. 176 of 2024
instituted for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 109, 125, 303(2), 324(4) and 324(5)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, 10-15 unknown
persons came to the sweet shop of the informant and when the
payment was asked to the informant, the said accused persons
took out weapon and fired upon him and other miscreants pelted
stones resulting in head injury to the informant.
Patna High Court CR. MISC. No.44250 of 2026(2) dt.08-07-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and his name has transpired
during the course of investigation on the basis of information
given by a spy. It has further been submitted that he has only
been implicated on account of the fact that the petitioner has
three criminal antecedents. It has been submitted that there is no
specific allegation against the petitioner rather the allegations
are general and omnibus and on account of the fact that the
petitioner is not named in the FIR he was not aware that his
name is surfacing in the present case and therefore, he moved
for anticipatory bail belatedly.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
II, Munger in connection with Bariyarpur P.S. Case No. 176 of
2024, subject to the conditions as laid down under Section 482
Patna High Court CR. MISC. No.44250 of 2026(2) dt.08-07-2026
3/4
of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner and the other
shall be a local resident:
(ii) the petitioner will remain
physically present on each and every date
fixed by the Court below, if so required by
the learned Trial Court and shall cooperate in
the investigation;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioner and
in case at any stage, it is found that the
petitioner has concealed his criminal
antecedent, the court below shall take step
for cancellation of bail bonds of the
petitioner. However, the acceptance of bail
bonds in terms of the above mentioned order
shall not be delayed for purpose of the same
on in the name of verification.
(v) If the petitioner, in future, is
found to be involved in similar nature of
offence, the prosecution shall be at liberty to
move for cancellation of his bail bonds.
(vi) in view of the antecedents of
the petitioner, the petitioner is directed to
appear before the Superintendent of Police
concerned within fifteen days of his release
with a copy of this order and every two
weeks thereafter for the next nine months.
The conduct of the petitioner will be kept
under watch in this period by the
Superintendent of Police concerned and if it
is found wanting in any respect, a report
shall be made to the court concerned by him
to initiate a proceeding for cancellation of
bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a
certificate will be filed by the petitioner
before the court concerned.
Patna High Court CR. MISC. No.44250 of 2026(2) dt.08-07-2026
4/4
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The petition stands disposed of accordingly.
(Sourendra Pandey, J)
krishna/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.