Patna High Court
Arvind Yadav @ Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to Shanti Devi due to lack of specific charges against her, but denied bail to Arvind Yadav because of a specific allegation of assault leading to death.
Summary
Shanti Devi and Arvind Yadav were arrested in connection with a case involving assault on an informant's family, resulting in the mother’s death. The prosecution alleged that both were armed and participated in the assault, charging them under several sections of the Indian Penal Code. The petitioners argued they were falsely implicated and had no prior criminal record, seeking regular bail. The court examined the FIR and found no specific allegation against Shanti Devi, whereas Arvind Yadav faced a direct charge of assault causing the mother’s death. Consequently, the court granted bail to Shanti Devi upon furnishing a bond and two sureties, but rejected the bail application of Arvind Yadav.
Issues considered
- Whether Shanti Devi can be granted regular bail in the absence of a specific allegation against her.
- Whether Arvind Yadav should be granted bail despite specific allegations of assault causing death.
Legislation cited
- Indian Penal Code — s. 103(1), 109(1), 115(2), 118(1), 3(5), 352
Subjects
- bail
- assault
- homicide
- false implication
- criminal procedure
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74398 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Shanti Devi W/O Arvind Yadav R/o Vill.- Dhadhaur, P.S - Sikandra, District -
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81146 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Arvind Yadav @ Arvind Kumar Son of Ramswaroop Yadav R/o Village-
Dhadhaur, P.S.- Sikandra, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74398 of 2025)
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
(In CRIMINAL MISCELLANEOUS No. 81146 of 2025)
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners is in custody in connection with
Sikandra P.S Case No. 221 of 2025 registered for the offences
punishable under Sections 103 (1), 115(2), 118(1), 109 (1), 352,
3(5) of the B.N.S.
Patna High Court CR. MISC. No.74398 of 2025(3) dt.21-01-2026
2/3
3. As per prosecution case, petitioners along with co-
accused variously armed have assaulted the informant and his
family members. Due to which mother of the informant died on
the spot.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. It is further
submitted that petitioners has got no criminal antecedent as
stated in paragraph no. 3 of the bail petition. It is also submitted
that petitioners are in judicial custody since 23.06.2025.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that there is no specific allegation against the petitioner,
namely, Shanti Devi for assaulting the deceased while specific
allegation is against the petitioner, namely, Arvind Yadav @
Arvind Kumar for assaulting on the head of the mother of the
deceased by means of khanti due to which her both frontal bone
of skull got fractured and ultimately she died on the spot.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named only petitioner, namely, Shanti Devi be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.74398 of 2025(3) dt.21-01-2026
3/3
thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court in connection with
Sikandra P.S Case No. 221 of 2025.
8. As far as petitioner, namely, Arvind Yadav @
Arvind Kumar is concerned, there is specific allegation against
him for assaulting on the head of the mother of the deceased due
to which she died on the spot.
9. Hence, prayer for regular bail only for the
petitioner, namely, Arvind Yadav @ Arvind Kumar is
hereby rejected.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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