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Patna High Court

Promod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Promod Yadav, was arrested in connection with a 2018 case involving alleged offences under several IPC sections and the Arms Act. The prosecution alleged that five accused, including the petitioner, were armed and that Manish Yadav fired at an informant, while the petitioner claimed he was falsely implicated and that the FIR only implicated Manish Yadav. The petitioner had been in custody since 11 April 2023, amounting to over two years and nine months, and sought regular bail. The State opposed the bail application. After hearing both sides, the court noted the lack of direct allegation against the petitioner in the FIR and the prolonged pre‑trial detention, and ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges and prolonged custody
  • Whether the FIR implicates the petitioner directly in the alleged firing incident

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • IPC offences
  • Arms Act
  • false implication
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76778 of 2025
                   Arising Out of PS. Case No.-17 Year-2018 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Promod Yadav S/o Late Satnarayan Yadav Resident of - Raybhir, Ward No. 7,
                 P.S - Shankarpur, District - Madhepura
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Ruchi Mandal, Advocate
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Shankarpur P.S. Case

                   no.17 of 2018 registered under sections 307, 341, 324, 326, 506

                   and 34 of the Indian Penal Code and section 27 of the Arms Act.

                                3. As per the prosecution case, five named accused

                   persons including the petitioner herein are said to have come

                   variously armed. It is further stated that Manish Yadav fired

                   from his gun hitting the informant in his right hand. The

                   informant further states that Guddu Yadav on an earlier occasion

                   had also fired upon Mantu Yadav.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. From the

                   contents of the FIR itself it would transpire that the allegation of

                   overt-act is against Manish Yadav and not the petitioner herein.
             Patna High Court CR. MISC. No.76778 of 2025(3) dt.21-01-2026
                                                         2/2




                       The petitioner is in custody since 11.4.2023 and charge-sheet

                       has been submitted in the case. He undertakes to cooperate in

                       the trial.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegation against the petitioner in

                       the FIR, the allegation of firing on the informant being solely

                       against Manish Yadav and not the petitioner herein and the

                       petitioner having remained in custody for over 2 years 9 months

                       since 11.4.2023, in the facts of the case, the petitioner is directed

                       to be enlarged on bail in connection with Shankarpur P.S. Case

                       no.17 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees

                       Ten Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Additional Chief Judicial Magistrate-

                       I, Madhepura.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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