Patna High Court
Shambhu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Shambhu Yadav was arrested on 19 January 2025 in connection with a 2012 murder case (Sections 302, 201, 120(b)/34 IPC). The prosecution’s case relied mainly on a confessional statement of a co‑accused, Phulchand Yadav, who had been acquitted, and no other substantive evidence linked the petitioner to the crime. The petitioner argued that he was falsely implicated, has a clean antecedent, and was not named in the FIR. The Additional Public Prosecutor opposed bail. Considering the lack of material evidence, the petitioner’s clean record, and the length of custody, the High Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, presence, non‑tampering of evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to an accused of murder, conspiracy and related offences in the absence of substantive evidence beyond a co‑accused’s confessional statement.
- Whether the period of pre‑trial custody and the petitioner’s clean antecedent justify bail despite the seriousness of the charges.
Legislation cited
- Indian Penal Code — s. 120(b), 201, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- confessional statement
- Indian Penal Code
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57887 of 2025
Arising Out of PS. Case No.-67 Year-2012 Thana- BAUNSI District- Banka
======================================================
Shambhu Yadav S/o Shaligram Yadav Resident of Village - Belsira, P.S. -
Shambhuganj, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
8 10-03-2026 Heard Mr. Sudhir Kumar Mishra, learned counsel
for the petitioner as well as Mr. Anuj Kumar Shrivastava,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.01.2025 in connection with Bounsi P.S. Case No. 67 of 2012,
F.I.R. dated 13.05.2012 for the offences punishable under
Sections 302, 201, 120(b)/34 of the Indian Penal Code.
3. According to prosecution case, the informant
alleged that three unknown persons dragged his brother from the
truck and took him towards the hill and on 13.05.2012, the dead
body of his brother was found.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
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the petitioner is false and fabricated. Infact the petitioner is not
named in the FIR and his named transpired during investigation
on the basis of confessional statement of co-accused person,
namely, Phulchand Yadav which is recorded in paragraph-120 of
the case diary and the said Phulchand Yadav has been acquitted
by the learned trial Court on 25.11.2014 vide S.T. No. 366 of
2013. He next submits that except the confessional statement of
co-accused person, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 19.01.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
as well as period of custody, 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 C.J.M., Banka in connection with
Bounsi P.S. Case No. 67 of 2012, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that 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 bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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