Patna High Court
Uma Yadav @ Umashankar Yadav @ Umashankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Uma Yadav, was arrested in connection with a violent incident in which several accused, including the petitioner, allegedly fired a pistol, assaulted the son of an informant, and later the victim's body was found in the Ganga river. The FIR charges the petitioner under Sections 140(1) and 3(5) of the Bihar Narcotic Substances Act, 2023, Section 27 of the Arms Act, and later added Sections 103(1) and 238 of the same Act. The petitioner sought regular bail, arguing that the FIR contains only vague, omnibus allegations and that similarly situated co‑accused have already been granted bail. The State opposed the bail application. The Court considered the nature of the allegations, the period of custody since 5 August 2025, and the precedent of bail to co‑accused, and ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges of assault, kidnapping, and homicide under the B.N.S., 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 140(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- arms act
- kidnapping
- assault
- homicide
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90668 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Uma Yadav @ Umashankar Yadav @ Umashankar Kumar Son of Sobhit
Yadav @ Subodh Yadav R/O Village - Gyantol, P.S.- Sahebpur Kamal,
District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offences under Sections 140(1), 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act and later on, Sections 103(1) & 238
of the B.N.S. were added.
3. It is alleged that on the order of co-accused Sita
Devi and Rani Devi, co-accused Dabloo Yadav, Ticker Yadav,
Gaurav Yadav, Raushan Yadav, Parshuram Yadav and this
petitioner took out pistol from their waist and started
indiscriminate firing. All of them assaulted son of informant
with butt of pistol, due to which, he sustained several injuries
and thereafter, all the accused persons took him and fled
Patna High Court CR. MISC. No.90668 of 2025(2) dt.12-02-2026
2/2
towards Gyantol. Subsequently, the dead-body of informant’s
son was found covered in sand in the Diara area of Ganga river.
4. Learned counsel for the petitioner submits that
from perusal of the F.I.R. itself, it is apparent that allegation of
assault and kidnapping is general and omnibus. There is no
allegation of any specific overt act against the petitioner.
Similarly situated co-accused persons have already been granted
regular bail by co-ordinate Benches of this Court vide
Annexure-P2. Petitioner is in custody since 05.08.2025.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - IV, Begusarai in connection
with Sahebpur Kamal P.S. Case No. 149 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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