Sambhu Yadav @ Shambhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85123 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- DURAULI District- Siwan ====================================================== Sambhu Yadav @ Shambhu Yadav S/O Late Mangal Yadav Resident of Village- Amarpur, P.S- Darauli, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar , Advocate Mr. Prabhakar singh, Advocate Mr. Pranav bhaskar , Advocate Mr. birottam Narayan singh, Advocate Ms. Ritika Kumari , Advocate Mr. Anubhav Vatsa, Advocate For the Opposite Party/s :
Mr. Abhay Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 326 ( g ), 351 ( 2 ) and 3 (5) of BNS.
3 . Petitioner is husband of the informant and it is alleged that on 12.01.2025 at 10:30 pm, this petitioner along with other co-accused persons set the house of informant on fire and also threatened to kill her.
4. It is submitted on behalf of the petitioner that petitioner is husband of informant and they have been married for about 19 years and they have also one daughter who's age
Patna High Court CR. MISC. No.85123 of 2025(2) dt.06-01-2026 2/3 around 17 years old. It is further submitted that earlier, informant lodged Complaint Case No. 1847 of 2022 under sections 498A , 323 and 34 of IPC against this petitioner and his family members and in the aforesaid case , petitioner was granted bail by this Hon'ble Court vide order dated 06.05.2025 in Cr. Misc. No. 45901 of 2024 . During pendency of the earlier bail application , mediation was directed by Hon'ble Court and both parties temporarily resided together in the house of this petitioner and informant set the the hut on fire in which she was residing and despite the petitioner informed the local police and fire brigade , a new and false criminal case has been lodged to create further pressure and harass on him in the ongoing matrimonial dispute .
There is inordinate delay of 3 days in lodging the present F.I.R. for which there is no plausible explanation which itself creates doubt over the entire prosecution case . The present case has been lodged by the informant, only with a view to harass this petitioner. 5 . Learned counsel for the State opposed the bail petition .
6 Considering the aforesaid facts and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named
Patna High Court CR. MISC. No.85123 of 2025(2) dt.06-01-2026 3/3 above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional sessions Judge - IX, Siwan in connection with Darauli P.S. Case No. 13 of 2025 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T