Patna High Court
Gulshan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Gulshan Yadav was arrested in connection with a 2016 incident where extremists demanded a levy for a railway bridge construction, burned four vehicles and assaulted workers, naming 63 accused including the petitioner. The petitioner filed a bail application, asserting that the FIR contains no specific allegation against him and that the charge sheet is omnibus, making it implausible that the perpetrators could have identified him by name. He also highlighted his clean criminal record and that several co‑accused had already been released on bail in similar cases. The State opposed the bail, citing the seriousness of the offences listed under the IPC, the Arms Act and the U.P. Act. After hearing both sides, the Court found the allegations insufficiently specific and, considering the petitioner’s custody since July 2025, ordered his release on bail with a bond of Rs.10,000 and two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the IPC, Arms Act and U.P. Act
- Whether the FIR’s general and omnibus allegations justify denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 323, 341, 379, 387, 427, 436, 504, 506
Subjects
- bail
- criminal procedure
- IPC offences
- Arms Act
- omnibus FIR
- right to liberty
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.521 of 2026
Arising Out of PS. Case No.-264 Year-2016 Thana- SIRDALA District- Nawada
======================================================
Gulshan Yadav S/O Late Faudari Yadav Resident of Village- Makhdumpur,
P.S.- Mahkar, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard Mr. Man Mohan Kumar, learned counsel for
the petitioner and Mr. Surendra Kumar, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Sirdalla P.S. Case No. 264 of 2016 registered for the
offence punishable under Sections 147, 148, 149, 341, 323, 379,
427, 436, 504, 506, 387 of the Indian Penal Code, Section 27 of
the Arms Act and Sections 15, 18, 19 and 20 of U.A.P. Act.
3. As per written report, Vinod Kumar Yadav
sustained injury at the place of occurrence who was proprietor
of M/s. Vinod Kumar Yadav Construction Agency. He was
constructing Railway Bridge. He informed the police that under
the leadership of Praduman Sharma, extremists demanded levy
earlier in lieu to construction of Railway Bridge and when he
Patna High Court CR. MISC. No.521 of 2026(2) dt.05-02-2026
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saw his inability, extremists burnt four vehicles, assaulted and
injured his staff Kailash Yadav and other labourers. He disclosed
that in course of assault and burning, the extremists were calling
each other with their names. He further disclosed the name of 63
accused persons including the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the FIR, it is evident that there is no
specific allegation against the petitioner. Learned counsel for the
petitioner also submits that it is not possible that accused
persons while committing the offence will call each other with
their names and it is also not palpable that one may remember
the names of 63 persons. The nature of allegation is general and
omnibus. It has also been submitted that similarly situated
several accused persons have already been granted bail by
another coordinate bench of this court as well as from this court
in Cr. Misc. No. 59691 of 2025. The case of this petitioner
stands on similar footing. He further submits that a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 18.07.2025.
Patna High Court CR. MISC. No.521 of 2026(2) dt.05-02-2026
3/3
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nawada in connection with Sirdalla P.S.
Case No. 264 of 2016.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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