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Patna High Court

Gurusahai Yadav @ Gurudayal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, Gurusahai Yadav and Nuneshwr Yadav, were arrested in connection with a 2005 Naxalite encounter and charged under multiple sections of the IPC, Arms Act, Explosive Substances Act and the CLA Act. They have been in custody since May 2025 and claim no prior criminal record. Their counsel argued that the only basis for their implication is the confessional statements of co‑accused who were apprehended, and that no material was recovered from the petitioners nor any specific allegation made against them. The State opposed bail, citing the seriousness of the offences. Considering the lack of specific evidence, the petitioners' clean antecedent, and the fact that another co‑accused had already been granted bail, the Court ordered bail with a bond of Rs.15,000 each, two sureties, a family member as bailor, and strict appearance conditions.

Issues considered

  • Whether bail should be granted to the petitioners despite the grave nature of the charges.
  • Whether the reliance solely on co‑accused confessional statements, without specific allegations or recovered material, justifies bail.
  • Whether parity with another co‑accused who was granted bail influences the decision.

Legislation cited

Subjects

  • bail
  • Naxalite encounter
  • IPC
  • Arms Act
  • Explosive Substances Act
  • criminal antecedent
  • co‑accused confession
  • parity
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87736 of 2025
                          Arising Out of PS. Case No.-2 Year-2005 Thana- SONO District- Jamui
                 ======================================================
           1.     Gurusahai Yadav @ Gurudayal Yadav Son of Dwarika Yadav Resident of
                  Village- Kharik, P.S.- Sono ( Charkapathar), District -Jamui
           2.    Nuneshwr Yadav @ Kailu Yadav son of Dwarika yadav Resident of Village-
                 Kharik, P.S.- Sono ( Charkapathar), District -Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Ranjan Singh, Advocate
                 For the Opposite Party/s :       Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Sono

                   (Charkapathar) P.S. Case No. 02 of 2005 instituted for the

                   offence under Sections 147, 148, 149, 353, 307, 414 & 121 of

                   the Indian Penal Code, Sections 25(1-b)a, 26 & 27 of the Arms

                   Act, Sections 3/5 of the Explosive Substance Act and Section 17

                   of the CLA Act.

                           3.       On 11.01.2005, police acting on secret information

                   raided ‘Pahar Baba Jungle’, where 20–25 armed naxalites in

                   police uniform opened fire, leading to a counter-attack. Two

                   accused, Mangal Rai and Bhola Thakur, were apprehended and
Patna High Court CR. MISC. No.87736 of 2025(2) dt.13-01-2026
                                            2/3




          arms, cartridges, cash, and naxalite literature were recovered.

          They disclosed the names of other fleeing associates, including

          the petitioners.

                  4.      It has been submitted on behalf of the petitioners

          that the petitioners are in custody since 24-05-2025. Petitioners

          bear no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioners’

          counsel that petitioners have been falsely implicated in the

          present case. Learned counsel for the petitioners submits that

          neither petitioners have been apprehended from the alleged

          place of occurrence nor anything has been recovered from their

          possession and they have been implicated in the instant case on

          mere suspicion on the basis of confessional statement of co-

          accused, namely, Mangal Rai and Bhola Thakur. There is no

          specific allegation against the petitioners, hence, petitioners

          deserves the privilege of bail. Other co-accused has been

          granted bail by this Court vide order dated 22-09-2025, passed

          in Cr. Misc. No. 36659 of 2025.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  7.      Considering the aforesaid facts and circumstances
           Patna High Court CR. MISC. No.87736 of 2025(2) dt.13-01-2026
                                                       3/3




                     of the case, period of custody of the petitioners and there being

                     no specific allegation against the petitioners as also claim based

                     on parity, this Court is inclined to grant bail to the petitioners.

                             8.      Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sono (Charkapathar)

                     P.S. Case No. 02 of 2005, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioners.

                             (II) The petitioners shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioners.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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