Patna High Court
Ravindra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions, as there was no specific allegation or material against him and other co-accused had been released on bail.
Summary
The petitioner, Ravindra Yadav, was arrested in connection with a violent incident involving 50-60 Naxalites and charged under several IPC sections, the Arms Act and the CLA Act. He was not named in the FIR; his alleged involvement emerged only from the confessional statement of co-accused Sambhu Sao, who had already been granted bail. The petitioner argued that no specific allegation or material evidence linked him to the offence and pointed out that other co-accused had similarly been released on bail. The State opposed bail on the ground of the petitioner’s criminal antecedents, though he was already on bail in other matters. The Court, noting the lack of direct accusation, the reliance on a co-accused’s confession, and the precedent of bail to similarly situated accused, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to attendance conditions.
Issues considered
- Whether bail should be granted when the petitioner is implicated solely through a co-accused’s confessional statement and not named in the FIR
- Whether the absence of specific allegations or material evidence warrants bail
- Whether the petitioner’s criminal antecedents preclude bail despite being on bail in other cases
Legislation cited
- Arms Act — s. 27
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 307, 427, 435
Subjects
- bail
- Naxal
- IPC
- Arms Act
- confessional statement
- co-accused
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75173 of 2025
Arising Out of PS. Case No.-6 Year-2010 Thana- AMAS District- Gaya
======================================================
Ravindra Yadav Son of Indradev Yadav R/o Village- Misrichak P.O. Dubba,
P.S.- Gurua, District- Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 147, 148, 149, 307, 427, 435 of
I.P.C and Section 27 of Arms Act and 17 of CLA Act.
3. As per the prosecution case, 50-60 naxalites armed with
weapons blocked the road and attacked the truck of the informant.
4. Learned counsel for the petitioner submits that the First
Information Report was lodged against 50-60 naxalites and the
petitioner has not been named in the First Information Report rather
his name transpired during the course of investigation in the
confessional statement of co-accused Sambhu Sao and the said
Sambhu Sao has already been granted bail by a Bench of this Court
vide order dated 10.06.2013 passed in Cr. Misc. No. 17937 of 2013.
Besides Sambhu Sao, other co-accused persons have also been
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granted bail by different benches of this Court which has been
annexed as Annexure-2 series. Further, there is no specific allegation
against the petitioner and no cogent material has been collected
during the course of investigation. The petitioner is in custody since
28.05.2025 and there is no substantial progress in the case but for
submission of charge sheet and the case is still running at the stage of
appearance.
5. Learned APP for the State opposed the bail petition on
the ground that the petitioner has criminal antecedent. However, it
has been submitted that petitioner is on bail in all the other cases.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that there is no specific
allegation against the petitioner, petitioner’s implication is based
upon confessional statement of co-accused, coupled with the fact that
other similarly situated co-accused persons have been granted bail by
co-ordinate Benches of this Court, the above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Amas P.S. Case No. of
06 of 2010, subject to the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in court
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on each and every date during trial and in the event of failure on two
consecutive dates without sufficient reasons, his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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