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Patna High Court

Sintu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/4




          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
                                             3/4




          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
           Patna High Court CR. MISC. No. 7064 of 2026(2) dt.04-02-2026
                                                        4/4




                                     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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