Patna High Court
Promod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 324, 326, 34, 341, 506
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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