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Patna High Court

Shambhu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.57887 of 2025(8) dt.10-03-2026
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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
            Patna High Court CR. MISC. No.57887 of 2025(8) dt.10-03-2026
                                                        3/3




                      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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