Patna High Court
Sintu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to bail, subject to conditions, as the allegations against him are not specific and precedent bail orders exist for co‑accused.
Summary
The petitioner, Sintu Yadav, was arrested in connection with a 2020 murder case (Gopalpur PS Case No. 114) alleged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR named seven accused, but the petitioner's counsel argued that no specific allegation was made against him, only a general omnibus charge, and cited that co‑accused had previously been granted bail. The State opposed bail, contending the seriousness of the offence. The Court examined the submissions, the lack of specific incriminating material against the petitioner, and the precedent of bail being granted to similarly situated accused. Accordingly, the Court ordered the petitioner’s release on bail of Rs. 10,000 with two sureties, subject to detailed conditions regarding cooperation, attendance, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail in a case punishable under Sections 302/34 IPC and Section 27 Arms Act
- Whether the general omnibus allegation against the petitioner suffices to deny bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 7064 of 2026
Arising Out of PS. Case No.-114 Year-2020 Thana- GOPALPUR District- Bhagalpur
======================================================
Sintu Yadav, S/O Ramrati Yadav, resident of Village- Latra, P.S.- Gopalpur,
District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate with
Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Gopalpur P.S. Case No. 114 of 2020 dated 04.04.2020 instituted
for the offence punishable under Sections 302/34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. As per the F.I.R., the informant has identified seven
persons including the petitioner, who have attacked her husband.
Allegation is that all accused persons fired. It is further alleged
that informant’s husband has succumbed to the firearm injuries.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and he has been falsely implicated
in this case. Learned senior counsel for the petitioner submits
Patna High Court CR. MISC. No. 7064 of 2026(2) dt.04-02-2026
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that there is no specific allegation against the petitioner, rather,
specific allegation is against Purushotam Yadav @ Chhotu
Yadav that he made firing on the back of the deceased.
Allegation against the petitioner and other accused persons is
general and omnibus that they made firing on the person of the
deceased. It is further submitted that similarly situated co-
accused, namely, Ravi Kumar, Rahul Yadav and Navin Yadav
have been granted bail vide order dated 28.06.2021, 15.04.2025
& 15.10.2025 passed by co-ordinate Bench of this Court in
Criminal Miscellaneous Nos. 1323 of 2021, 9404 of 2025 &
49657 of 2025 respectively. Lastly, it has been submitted that
the petitioner is in custody since 28.10.2025 having two
criminal cases against him. Charge-sheet has been submitted in
the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned District & Additional
Sessions Judge-I, Naugachhiya, Bhagalpur in Sessions Trial No.
Patna High Court CR. MISC. No. 7064 of 2026(2) dt.04-02-2026
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376 of 2024 arising out of Gopalpur P.S. Case No. 114 of 2020,
subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
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station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till framing of
charge.
(Khatim Reza, J)
premchand/-
U T
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