Patna High Court
Shyam Babu Yadav @ Shyam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, notwithstanding the seriousness of the alleged offences, the petitioner’s clean antecedent and the mere suspicion basis of the accusation warranted the grant of anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Shyam Babu Yadav applied for anticipatory bail after learning that he was named in an FIR alleging murder and several offences under the Bharatiya Nyaya Sanhita. The FIR was based on information from an informant who was not an eye‑witness and did not disclose the source of his knowledge. The petitioner asserted his innocence, clean antecedent and that the accusation was purely on suspicion. The State opposed the bail application. The court, considering the nature of the allegations, the petitioner’s clean record and the lack of direct evidence, granted anticipatory bail subject to a bail bond and sureties. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is implicated only on suspicion under Sections 191, 190, 126, 127 and 103 of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and the absence of eye‑witness testimony justify the grant of anticipatory bail despite the seriousness of the alleged murder.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 126(2), 127(2), 190, 191(2), 191(3)
Subjects
- anticipatory bail
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- murder
- clean antecedent
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7356 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- SIGAUDI District- Patna
======================================================
Shyam Babu Yadav @ Shyam Yadav S/O Late Alakh Yadav Resident of
Village- Hadinagar, P.S- Sigori, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 127(2), 103 of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., on 11.05.2025, the elder brother of
informant had gone to village Jarkha and on 12.05.2025, he was
returning, but till night, he did not return and on 13.05.2025 at
about 5 AM, the informant got an information that all the F.I.R.
named accused persons along with 10-12 unknown persons
committed murder of his elder brother.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Informant
is not eye-witness to the occurrence. In the F.I.R., informant did
not disclose the source of information as to how he came to
Patna High Court CR. MISC. No.7356 of 2026(2) dt.11-02-2026
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know that petitioner is involved in the alleged occurrence.
Petitioner has been made accused only on suspicion. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Danapur in connection with Sigori P. S. Case No. 64 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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