Patna High Court
Shambhu Yadav @ Rohit Yadav @ Shambhu Prasad @ Shambhu Pd. YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to petitioner No.1, Shambhu Yadav, subject to bond and sureties.
Summary
The petitioners, Shambhu Yadav and Laltu Yadav, sought bail fearing arrest in a murder case (Gamhariya P.S. Case No. 78 of 2024) where the deceased, Kundan Kumar, allegedly died from injuries inflicted by a lathi assault. The prosecution alleged that the accused brutally assaulted the victim, leading to his death, and filed charge‑sheets against only two of the six named accused, namely the petitioners. The petitioners argued that no specific allegations were made against Shambhu Yadav and that the charge‑sheet against Laltu Yadav was already pending, while the deceased’s wife filed an affidavit claiming the death resulted from a slip. The State opposed bail. The Court found the allegations against Shambhu Yadav to be general and omnibus, noted the lack of a specific charge‑sheet, and consequently granted bail to him subject to a bond and sureties, invoking Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the allegations against petitioner No.1 are specific enough to deny bail
- Whether the petitioner's apprehension of arrest is justified in view of the charge‑sheet
- Whether the affidavit of the deceased's wife impacts the criminal liability
- Whether bail can be granted under Section 482(2) of the CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- CrPC
- charge sheet
- general allegations
- affidavit
- Section 302
- Section 34
- Section 482
- Patna High Court
- Madhepura
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56436 of 2025
Arising Out of PS. Case No.-78 Year-2024 Thana- GAMAHARIYA District- Madhepura
======================================================
1. Shambhu Yadav @ Rohit Yadav @ Shambhu Prasad @ Shambhu Pd. Yadav
Late Jitu Yadav @ Laltun Yadav R/o Village- Jogbani, P.S.- Gamhariya,
District- Madhepura.
2. Laltu Yadav @ Laltun Yadav @ Laltu Kumar Son of Late Jitu Yadav @
Laltun Yadav R/o Village - Jogbani, P.S. - Gamhariya, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Rajpati, Adv.
Mr. Sama Akhtar, Adv.
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Gamhariya P.S. Case No. 78 of 2024 dated
13.05.2024 registered for the offence punishable under Sections
302/34 of the Indian Penal Code.
3. As per prosecution case, allegation against the accused
persons including the petitioners is of brutally assaulting the
Informant’s nephew, namely, Kundan Kumar by means of lathi-
danda due to which he sustained grievous injury and, later on,
he died in course of his treatment.
4. Learned counsel for the petitioners submits that out of
total six named accused, against four of them, nothing is said to
Patna High Court CR. MISC. No.56436 of 2025(5) dt.21-01-2026
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have been found and they have not been sent up for trial, while
charge-sheet has been submitted against rest of the two co-
accused persons, namely, Shambhu Yadav @ Rohit Yadav &
Shambhu Pd. Yadav (petitioner no.1) and Laltu Yadav @ Laltun
Yadav @ Laltu Kumar (petitioner no.2). It is next submitted that
Laltu Yadav @ Laltun Yadav @ Laltu Kumar (petitioner no.2)
has already been taken into custody, while the allegations are
general and omnibus in nature.
5. It is next submitted that the wife of deceased has also
filed an affidavit before the Additional Chief Judicial
Magistrate, Madehpura, wherein, with respect to the nature of
injury, which is said to have been sustained by her husband, it
has been stated that her husband slipped on the floor owing to
which the injury, in question, is said to have been sustained.
6. On the other hand, learned APP for the State has
opposed the prayer for bail of the petitioners.
7. Be that as it may, since the allegations are general and
omnibus in nature and there is nothing specific against the
petitioner no.1, whereas the petitioner no.2, against whom the
charge-sheet is said to have been filed, has already been taken
into custody, let the petitioner No.1, Shambhu Yadav @ Rohit
Yadav @ Shambhu Prasad @ Shambhu Pd. Yadav be released
Patna High Court CR. MISC. No.56436 of 2025(5) dt.21-01-2026
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on bail, in the event of his arrest or surrender before the learned
Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Madhepura in connection
with Gamhariya P.S. Case No. 78 of 2024, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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