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Patna High Court

Shyam Babu Yadav @ Shyam YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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