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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied the petition for regular bail.

Summary

Santosh Yadav and Gopal Yadav were charged under IPC sections 147, 148, 149, 302 and 120(B), Arms Act section 27 and UAPA sections 16, 18 and 20 for alleged involvement in a Maoist attack that resulted in death. They had earlier applied for anticipatory bail, which was rejected on 12‑02‑2024, and were arrested on 09‑12‑2025. The petitioners sought regular bail, claiming clean antecedents and having been in custody for over a month. The State opposed, highlighting the recovery of cartridges from their house, their alleged membership in a dreaded Maoist organization, and the risk of absconding. The Court, after hearing both sides, found the seriousness of the offences and the State’s concerns sufficient to deny bail.

Issues considered

  • The appropriateness of granting regular bail to accused of serious offences after a rejected anticipatory bail application.
  • Whether the presence of arms, alleged Maoist affiliation, and risk of absconding justify denial of bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • regular bail
  • IPC
  • Arms Act
  • UAPA
  • Maoist
  • serious offences
  • risk of absconding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9922 of 2026
                      Arising Out of PS. Case No.-76 Year-2019 Thana- ROSHANGANJ District- Gaya
                 ======================================================
           1.     Santosh Yadav son of Deoke Yadav @ Deoki Yadav Resident of Village-
                  Barhi Bigha PS - Hunterganj Dist - Chatra Jharkhand
           2.     Gopal Yadav son of Sardar Yadav Resident of Village - Barahmoriya, PS-
                  Roshanganj, Dist- Gaya
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Sections 147, 148, 149, 302 and

                   120(B) of the Indian Penal Code, Section 27 of the Arms Act as

                   well as Sections 16, 18 and 20 of the U.A.P. Act.

                                3. Learned counsel appearing on behalf of the

                   petitioners submits that petitioners had earlier moved before this

                   Court seeking anticipatory bail by filing Cr. Misc. No. 3339 of

                   2024 and the same came to be rejected vide order dated

                   12.02.2024 by this Court. It is further submitted that petitioners

                   are persons with clean antecedent and are in custody since

                   09.12.2025.
Patna High Court CR. MISC. No.9922 of 2026(2) dt.04-05-2026
                                            2/3




                       4. At this stage, learned A.P.P. for the State

          vehemently opposes the prayer for regular bail of the petitioners

          and submits that the anticipatory bail application of the

          petitioners was rejected on 12.02.2024 and more than 20 months

          thereafter the petitioners were arrested on 09.12.2025. It is

          further submitted that from perusal of the allegation as alleged

          in the FIR, it would manifest that petitioners are member of

          dreaded Maoist Organization and from their house cartridges

          were recovered. Further, Arvind Bhuiya, Alok Yadav and 8-10

          unknown accused had called the husband of the informant and

          fired indiscriminately killing him on the spot. Learned A.P.P.

          next submits that the case is under the U.A.P. Act also and since

          petitioners did not surrender within a reasonable time after their

          anticipatory bail application was rejected and came to be

          arrested 20 months thereafter that amply demonstrates the

          conduct of the petitioners. It is also submitted that if the

          privilege of regular bail is granted to the petitioners, the

          petitioners may abscond.

                       5. Learned counsel appearing on behalf of the

          petitioners is not in a position to rebut the submissions of the

          learned A.P.P. that from the house of the petitioners cartridges

          were recovered and it is alleged in the FIR that they belong to
           Patna High Court CR. MISC. No.9922 of 2026(2) dt.04-05-2026
                                                       3/3




                     Maoist Organization.

                                  6. After hearing the learned counsel for the parties,

                     the Court is not inclined to release the petitioners on bail in

                     connection with Roshanganj P.S. Case No. 76 of 2019 pending

                     in the Court of learned Judicial Magistrate, 1st Class, Sherghati

                     at Gaya/Successor Court.

                                  7. Hence, the prayer for bail is rejected.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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