Patna High Court – Orders
Sahendra @ Shailendra Yadav vs The State Of Bihar on 3 July, 2026
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30931 of 2026
Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
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Sahendra @ Shailendra Yadav S/o Late Bacchu Gop R/o vill - Bhawanibigha,
P.S.- Chiksauara, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitish Kumar, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-07-2026
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 302, 307, 353
& 323/34 of the Indian Penal Code and under Sections 25(1-B)(a),
26, 27 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
informant with other police officials proceeded for investigating
Mohanpur O.P. P.S. Case No. 517 of 2023 against unknown
accused persons. During investigation, it was informed that Meghu
Prasad was roaming with his 10-15 companions in the area in
order to steal the cattle. On this information, the informant along
with the police officials reached P.O. and saw that one pick up
bearing registration no. BR 06 GI-5918 covered with upper part
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with tirpaal and one pick up vehicle bearing registration no. BR
01 GL-0793 was found there and three persons were standing
there. They were caught by police personnel but other 10-12
persons of their gang came to their rescue. In course of rescue, one
of them fired on the S.H.O. Nand Kishore Yadav due to which he
became injured and during course of treatment he succumbed to
the injuries.
4. Learned counsel for the petitioner has submitted that
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. It has further been submitted
that his name is not there in the F.I.R. His name has surfaced
during investigation in the confessional statement of co-accused,
namely, Dhananjay Kumar. It has further been submitted that from
perusal of the F.I.R. itself it is clear that the nature of allegation is
general and omnibus. It has further been submitted that from
perusal of the F.I.R. itself it is also clear that the informant has
claimed that he can identify the culprits as he has seen them in
light but no T.I.P. has been conducted. It has further been
submitted that save and except the confessional statement of co-
accused, there is nothing against the petitioner. He is having
criminal antecedent of six case. Learned counsel for the petitioner
has submitted that the petitioner has been framed in all the cases
after the instant case. Moreover, he is in judicial custody since
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07.01.2026.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
submitted that the petitioner is having criminal antecedent of six
cases.
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 Ujiyarpur P.S. Case No. 306 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge, Dalsinghsarai, Samastipur
with the condition that petitioner shall cooperate in the trial
and shall remain physically present in the learned trial Court
whenever required.
(Ashok Kumar Pandey, J)
lata/-
U T
