Gulshan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.521 of 2026 Arising Out of PS. Case No.-264 Year-2016 Thana- SIRDALA District- Nawada ====================================================== Gulshan Yadav S/O Late Faudari Yadav Resident of Village- Makhdumpur, P.S.- Mahkar, District- Gaya, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard Mr. Man Mohan Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with Sirdalla P.S. Case No. 264 of 2016 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 427, 436, 504, 506, 387 of the Indian Penal Code, Section 27 of the Arms Act and Sections 15, 18, 19 and 20 of U.A.P. Act.
3. As per written report, Vinod Kumar Yadav sustained injury at the place of occurrence who was proprietor of M/s. Vinod Kumar Yadav Construction Agency. He was constructing Railway Bridge. He informed the police that under the leadership of Praduman Sharma, extremists demanded levy earlier in lieu to construction of Railway Bridge and when he
Patna High Court CR. MISC. No.521 of 2026(2) dt.05-02-2026 2/3 saw his inability, extremists burnt four vehicles, assaulted and injured his staff Kailash Yadav and other labourers. He disclosed that in course of assault and burning, the extremists were calling each other with their names. He further disclosed the name of 63 accused persons including the petitioner.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the FIR, it is evident that there is no specific allegation against the petitioner. Learned counsel for the petitioner also submits that it is not possible that accused persons while committing the offence will call each other with their names and it is also not palpable that one may remember the names of 63 persons. The nature of allegation is general and omnibus. It has also been submitted that similarly situated several accused persons have already been granted bail by another coordinate bench of this court as well as from this court in Cr. Misc. No. 59691 of 2025. The case of this petitioner stands on similar footing. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 18.07.2025.
Patna High Court CR. MISC. No.521 of 2026(2) dt.05-02-2026 3/3
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Sirdalla P.S. Case No. 264 of 2016.
(Ashok Kumar Pandey, J) Sudhanshu/- U T