Patna High Court
Shivan Yadav @ Shivnandan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Shivan Yadav was arrested in connection with an alleged assault on an informant who had seized a tractor used in illegal sand mining. The prosecution alleged that Yadav, along with others, attacked the informant and police with lathis, dandas and bricks, leading to simple injuries. Yadav applied for regular bail, contending that the charges were vague, no specific allegation was made against him, and that a co‑accused had already been released on bail. The State opposed the bail, arguing the seriousness of the offences listed under the Indian Penal Code. The court noted the lack of specific incriminating material, Yadav's clean record, and the precedent of bail granted to the co‑accused, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail order was directed to be executed by the ACJM‑II, Sherghati.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the general and omnibus nature of the allegations precludes the grant of bail.
- Whether the bail granted to a co‑accused on similar charges mandates similar relief for the petitioner.
Legislation cited
- Indian Penal Code — s. 109, 121(1), 121(2), 126(2), 132, 190, 191(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- illegal mining
- general allegations
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83809 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Shivan Yadav @ Shivnandan Yadav S/o Late Vishun Mahto @ Vishun Yadav
Resident of Village- Jogar Tola Vishunpur, P.S.- Mohanpur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Sinha No. 1, Advocate
Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 191(2),
190, 126(2), 121(1), 121(2), 132 and 109 of BNS.
3. The case of the prosecution, in short, is that on
secret information of illegal mining of sand from river
Niranjana, the informant reached at village Laddu and he saw 8-
10 tractors with trailer were loading sand illegally by the
labourers. Thereafter the informant tried to catch the accused
persons but they fled way. The informant seized a tractor and he
was bringing the said tractor to the police station. In the
meantime, petitioner along with other accused persons armed
Patna High Court CR. MISC. No.83809 of 2025(2) dt.05-02-2026
2/3
with lathi, danda and brick-stones attacked on the informant and
his police party due to which they received injuries.
4. Learned counsel for the petitioner has submitted
that the name of this petitioner along with others has been
disclosed by the local chowkidaar. Learned counsel for the
petitioner has further submitted that the nature of allegation is
general and omnibus and there is no specific allegation against
the petitioner. From perusal of the injury report it is also clear
that the injuries received by the informant were found to be
simple in nature caused by hard and blunt object. It has further
been submitted that similarly situated co-accused Rahul Singh
has been granted bail by the learned Co-ordinate Bench vide Cr.
Misc. No. 63037 of 2025. The case of this petitioner stands on
similar footing. Learned counsel for the petitioner has lastly
submitted that the petitioner is having no criminal antecedent
and is in judicial custody since 21.09.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Mohanpur P.S. Case No. 221 of 2025 on
Patna High Court CR. MISC. No.83809 of 2025(2) dt.05-02-2026
3/3
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-II, Sherghati, Gayaji.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…