Shambhu Yadav @ Shambhu Suman @ Shambhu Shubham… — Murder and Culpable Homicide | Patna HC (2025)

Shambhu Yadav @ Shambhu Suman @ Shambhu Shubham… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender in the court below within four weeks; in the event of arrest or surrender in connection with Kauwakol P.S. Case No. 17 of 2009, to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-1st, Nawada, subject to the conditions under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Kauwakol P.S. Case No. 17 of 2009 (offences under IPC Sections 302, 307, 324, 326, 353, 379, 120B & 121A; Arms Act Section 27; Explosive Substances Act Sections 3 & 4; CLA Act Section 17).

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail in connection with Kauwakol P.S. Case No. 17 of 2009.

Ratio / Principle

The petitioner is directed to surrender in the court below within a period of four weeks from today, and in the event of his arrest or surrender he will be enlarged on bail.

Key takeaways

In the event of arrest or surrender in connection with Kauwakol P.S. Case No. 17 of 2009, the petitioner will be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-1st, Nawada.ratio¶22
The enlargement on bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶22
Accordingly, the present bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, Criminal Miscellaneous No.41966 of 2025, order dated 08-08-2025, Ashok Kumar Pandey, J). The petitioner, Shambhu Yadav @ Shambhu Suman @ Shambhu Shubham, apprehended arrest in connection with Kauwakol P.S. Case No. 17 of 2009 (District Nawada), instituted for offences under Sections 302, 307, 324, 326, 353, 379, 120B & 121A of the Indian Penal Code, Section 27 of the Arms Act, Sections 3 & 4 of the Explosive Substances Act and Section 17 of the CLA Act. The prosecution case relates to an explosion and firing during Saint Ravidas Jayanti celebrations at village Mahulia Tad, district Jamui, on 09.02.2009, wherein the informant alleged that 100-150 maoists opened firing at police personnel, resulting in the death of 13 personnels. Petitioner's counsel submitted that police had filed a final form although the trial court took cognizance, and that co-accused Maheshwar Yadav had been granted bail by this Court vide Cr. Misc. Case No. 40374 of 2025. Having heard both sides, the Court directed the petitioner to surrender within four weeks, upon arrest or surrender whereupon he is to be enlarged on bail on a Rs. 10,000/- bond with two like sureties to the satisfaction of A.C.J.M.-1st, Nawada, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41966 of 2025

Arising Out of PS. Case No.-17 Year-2009 Thana- KAUWAKOL District- Nawada

======================================================

Shambhu Yadav @ Shambhu Suman @ Shambhu Shubham S/O Late Dwarika Yadav, Resident of Village - Lalpur, P.S.- Kauwakol, DistrictNawada, Presently residing at Kauwakol Bazar, , P.O. and P.S.- Kauwakol, Dist- Nawada

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

... ... Opposite Party/s

For the Petitioner/s : Mr. Avanish Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

4 08-08-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kauwakol P.S. Case No. 17 of 2009 instituted for the offence under Sections 302, 307, 324, 326, 353, 379, 120B & 121A of the Indian Penal Code (in short ‘IPC’), under Section 27 of the Arms Act, under Sections 3 & 4 of the Explosive Substances Act and under Section 17 of the CLA Act.

3. The case of the prosecution is that on 09.02.2009 at 11:45 A.M., Saint Ravidas Jayanti was being celebrated in the village Mahulia Tad in the district of Jamui and in course of that people even from the neighbouring State, namely, Jharkhand had come on the occasion. In course of celebration, all of a

Patna High Court CR. MISC. No.41966 of 2025(4) dt.08-08-2025 2/3

sudden there was a explosion and firing. The informant alleged that 100-150 maoists variously armed open firing at the police personnel, resulting in death of 13 personnels.

4. Learned counsel for the petitioner has submitted that from perusal of the FIR it will transpire that the in the last portion of the FIR the informant claimed that Ajeet Yadav has and his personal bodyguard were on the dais. No firing was made against them. It shows that they were having connivance with maoists. Learned counsel for the petitioner has further submitted that after investigation, police has submitted final form but the learned trial court has taken cognizance. It has also been submitted that similarly situated co-accused Maheshwar Yadav who was also on the dais has been granted bail by this Court vide Cr. Misc. Case No. 40374 of 2025. The case of this petitioner stands on similar footing.

5. Learned APP for the State has vehemently opposed the bail application.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No.41966 of 2025(4) dt.08-08-2025 3/3

in connection with Kauwakol P.S. Case No. 17 of 2009, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1^st , Nawada, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands

allowed.

(Ashok Kumar Pandey, J)

durgesh/-

U T