Patna High Court

Shankar Kumar Yadav @ Shankar YadavversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail may be granted where the petitioner is not named in the FIR and the only basis for accusation is suspicion, subject to conditions under Section 482(2) of the BNSS.

Summary

Shankar Kumar Yadav applied for anticipatory bail fearing arrest in a murder case registered under Section 103(1) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the informant's father was murdered, but the petitioner was not named in the FIR and was implicated only on suspicion. The petitioner argued that there was no material linking him to the crime and cited a similar co‑accused who had been granted anticipatory bail in a related case. The State and the informant opposed the bail application. Considering that the petitioner was not named in the FIR and the accusation rested solely on suspicion, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the BNSS. The order also directed that the bail be enlarged if the petitioner is arrested within eight weeks.

Issues considered

Whether anticipatory bail can be granted to a person not named in the FIR but implicated solely on suspicion under Section 482(2) of the Bharatiya Nyaya Sanhita

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 482(2)

Subjects

anticipatory bail
murder
suspicion
Section 103
Section 482
criminal procedure
BNSS
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77167 of 2025
                        Arising Out of PS. Case No.-291 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Shankar Kumar Yadav @ Shankar Yadav son of Late Pramanand Yadav
                 Resident of Araria, Muhalla -Krishnapuri, Ward No. 9, P.S. -Araria, Disrt.
                 -Araria
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, A.P.P.
                 For the Informant        :       Mr. Gopal Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                     Heard learned counsel for the petitioner, informant

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 103(1) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per prosecution case, it is alleged that on

                   18.07.2025, father of informant went to graze cattle but did not

                   return. On search, dead body of father of informant was found.

                   Informant believes that some unknown persons committed

                   murder of his father.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is agnate and co-villager of the informant. Petitioner is not

                   named in the F.I.R. and he has been made accused only on
            Patna High Court CR. MISC. No.77167 of 2025(3) dt.16-01-2026
                                                        2/2




                      suspicion. Save and except suspicion, there is no material on

                      record to show the complicity of this petitioner in the alleged

                      occurrence. It is further submitted that similarly situated co-

                      accused person has already been granted anticipatory bail by

                      this Hon’ble Court vide order dated 25.11.2025 passed in Cr.

                      Misc. No. 81261 of 2025.

                                   5. Learned A.P.P. for the State as well as learned

                      counsel for the informant vehemently opposed the bail

                      application.

                                   6. Considering backdrop of the case, nature of

                      accusation and fact that petitioner is not named in the F.I.R., 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 Chief Judicial Magistrate, Araria in connection

                      with Araria P. S. Case No. 291 of 2025, subject to condition as

                      laid down under Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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