Patna High Court
Shiv Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to a bond of Rs.15,000, two sureties, and conditions of appearance.
Summary
The petitioner, Shiv Prakash Yadav, was arrested in connection with a dacoity (Section 395 IPC) alleged to have occurred on 20 April 2024, where armed miscreants robbed two houses. He claims he was falsely implicated, noting that his name does not appear in the FIR and that the only link is a co‑accused’s confessional statement, with no material recovered from him. He has been in custody since 15 July 2024 and has seven prior criminal antecedents, but a charge‑sheet has already been filed and a co‑accused was previously granted bail. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedents. The Court, considering the lack of direct evidence, the filing of the charge‑sheet, and the period of custody, granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.
Issues considered
- Whether bail should be granted to an accused under Section 395 IPC given the seriousness of the offence and the petitioner’s prior criminal antecedents.
- Whether the petitioner’s alleged false implication, based solely on a co‑accused’s confession and absence of his name in the FIR, suffices to deny bail.
- Whether the filing of the charge‑sheet and the length of pre‑trial custody justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- dacoity
- Section 395 IPC
- false implication
- prior criminal antecedents
- charge sheet
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7317 of 2026
Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi
======================================================
Shiv Prakash Yadav S/O Arvind Rai R/O Vill.- Jaynagar, P.s.- Sonbarsa, Dist.-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Murari, Advocate
For the Opposite Party/s : Mr.Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sahiyara P.S. Case No. 54 of 2024 instituted for the offence
under Section 395 of the Indian Penal Code.
3. The prosecution case is that on 20.04.2024
midnight, 7–10 armed miscreants forcibly entered the houses of
Vishwanath Singh and Ranjan Kumar, threatened their families
at gunpoint, assaulted them, and looted cash, jewellery, and
valuables. After locking the victims inside, the accused fled with
the looted articles.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 15.07.2024. Petitioner
bears seven criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.7317 of 2026(2) dt.02-02-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has surfaced in this case on the basis of confessional statement
of the co-accused. Nothing has been recovered from the
conscious possession of the petitioner. Charge sheet has already
been submitted in this case. Other co-accused has been granted
bail by this Court vide order dated 16.01.2026, passed in Cr.
Misc. No. 89459 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Sahiyara P.S. Case No. 54 of 2024, subject to
the following conditions:
Patna High Court CR. MISC. No.7317 of 2026(2) dt.02-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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