Supreme Court sets aside bail denying order by Justice Sandeep Kumar

In Bansilal Yadav @ Gautam Kumar Ydav vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices Vikram Nath and Sandeep Mehta passed a 3-page long order dated February 2, 2026, wherein, it concluded, "....we direct that the present petitioner(s) be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with Sessions Trial No.675 of 2023 arising from FIR No.83 of 2023 dated 01.04.2023 registered at Police Station Laukaha, District Madhubani, Bihar. The Special Leave Petition(s) and pending application(s) are disposed of accordingly. The case arose out of impugned order dated July 18, 2025 by Patna High Court's Justice Sandeep Kumar. The petitioner had sought bail in connection with a Sessions Trial (which arose out of Laukaha P.S. case  of 2023) registered for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120(B), 504 of the Indian Penal Code.  Justice Kumar had observed:"4. From the report it appears that it is accused persons who are delaying the trial. 5. In these circumstances, no ground for reviewing the order dated 13.12.2023 passed in Cr. Misc. No.66935 of 2023 is made out. Accordingly, this application stands dismissed." Earlier the prayer for bail of the petitioner was rejected by the High Court on December 13, 2023.

In his earlier order dated December 13, 2023 Justice Kumar had observed:"3. As per the prosecution case, due to land dispute, three persons from the prosecution side was killed by the accused persons and some other persons sustained grievous injury.....6. Considering the fact that the petitioner has participated in the killing of three persons, I am not inclined to grant bail to the petitioner. This application is dismissed. 7. The Court below is directed to expedite the trial of the petitioner." The counsel for the petitioner had submitted that the petitioner was in custody since April 2, 2023, he was quite innocent and has not committed any offence. A.P.P. had vehemently opposed the prayer for bail and had submitted that there was sufficient material available on record to connect the petitioner with the crime.

Supreme Court observed: "Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner(s), and the fact that out of ten named accused, six have already been granted bail and two have not been sent up for trial, we are inclined to grant bail to the present petitioner(s)."