Patna High Court

Shambhu YadavversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioners are entitled to bail.

Summary

The petitioners, Shambhu Yadav and Ravin Yadav, were arrested in connection with a land‑dispute‑related firing incident where police recovered a revolver and numerous cartridges from a co‑accused, Md. Jamal Malik. The petitioners claim they were falsely implicated, assert that no weapons were found in their possession, and have been in judicial custody since 29 September 2025. The State opposed bail, highlighting the petitioners' prior criminal records of three and five cases respectively. The court considered the lack of direct evidence against the petitioners, the bail already granted to the co‑accused, and the principle of liberty pending trial. Consequently, the court ordered that both petitioners be released on bail with a bond of Rs.10,000 each, two sureties, and a condition to cooperate with the trial.

Issues considered

Whether bail should be granted to the petitioners accused under multiple sections of the B.N.S. and the Arms Act.
Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Whether the absence of seized weapons from the petitioners justifies bail.

Legislation cited

Arms Act — s. 27, 30
B.N.S. — s. 109, 115, 126, 132, 190, 191, 193, 196, 285

Subjects

bail
criminal antecedent
arms seizure
land dispute
trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7926 of 2026
                       Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
                 ======================================================
           1.     Shambhu Yadav, Son of Late Sumitra Yadav, Resident of Village -
                  Mahmadpur, P.S. - Safiasarai, Dist. - Munger.
           2.    Ravin Yadav, Son of Dashrath Yadav, Resident of Village - Prem Tola Farda,
                 P.S. - Safiasarai, Dist. - Munger.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suman Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Safiasarai P.S. Case No. 81 of 2025 registered for the

                   offence punishable under Sections 191(2), 193(3), 190, 126(2),

                   115(2), 132, 196, 109(1) and 285 of B.N.S. and Sections 30 and

                   27 of the Arms Act

                                3. The case of the prosecution, in short, is that police

                   received an information that near Mohammadpur petrol pump

                   due to land dispute persons have gathered and they are firing.

                   On this information, police reached there and it is alleged that

                   altogether 11 persons were found there. After this, the house of
Patna High Court CR. MISC. No.7926 of 2026(2) dt.06-02-2026
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          the co-accused Md. Jamal Malik was searched and from his

          house, one revolver, 112 live cartridges of 12 bore, 111

          cartridges of .315 bore, 38 cartridges of .380 bore and 12

          cartridges of .325 bore were recovered.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case due to land dispute. Nothing has been recovered from their

          possession. It has further been submitted that co-accused Md.

          Jamal Malik has been granted bail by this Court vide Cr. Misc.

          No. 83224 of 2025. Moreover, petitioners are languishing in

          judicial custody since 29.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and submitted that

          petitioner no.1 is having criminal antecedent of 3 cases and

          petitioner no.2 is having criminal antecedent of 5 cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioners on bail. The above named

          petitioners are directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) each with two

          sureties of the like amount each to the satisfaction of the learned
             Patna High Court CR. MISC. No.7926 of 2026(2) dt.06-02-2026
                                                         3/3




                       District and Additional Sessions Judge-II, Munger in connection

                       with Safiasarai P.S. Case No. 81 of 2025 with the condition

                       that petitioners shall cooperate in the trial.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T

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