Created by Fuzzy Cloud

Patna High Court

Shambhu Yadav @ Rohit Yadav @ Shambhu Prasad @ Shambhu Pd. YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.