Patna High Court
Shiva YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the application.
Summary
Shiva Yadav was charged under Sections 126(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑ba), 26, 27 and 35 of the Arms Act for allegedly shooting a victim and causing a stomach injury. He had been in custody since 13‑08‑2024 and had previously applied for regular bail, which was rejected on 02‑07‑2025. The petitioner filed a second bail application, claiming innocence and noting that the trial was progressing with charges framed. The Court, observing the seriousness of the offence, the fact that the accused had discharged a firearm, and that the trial had already commenced, found no merit to revisit its earlier order and refused bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail can be granted to the accused given the gravity of the offence under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the earlier denial of bail can be reviewed after the trial has commenced.
Legislation cited
- Arms Act — s. 25(1‑ba), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 3(5)
Subjects
- bail
- criminal procedure
- arms offence
- Bharatiya Nyaya Sanhita
- trial commencement
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10308 of 2026
Arising Out of PS. Case No.-566 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Shiva Yadav Son of Jitendra Yadav @ Jitendra Roy R/o Mohalla - Teen
Gachiya, P.S. - Nagar, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankit Raj, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Katihar Town (Nagar)
P.S. Case No. 566 of 2024 registered for the offence under
Sections 126(2), 109, 3(5) of B.N.S. and Sections 25(1-b)a, 26,
27 and 35 of the Arms Act. Earlier the bail application of the
petitioner was rejected vide order dated 02.07.2025 passed in
Cr. Misc. No. 5017 of 2025 which reads as under:-
Heard the learned counsel for the petitioner,
learned counsel for the State and the learned counsel for
the informant.
2 . The petitioner seeks regular bail in
connection with Katihar Town P.S. Case No. 566 of
2024 registered for the offence under Sections 126(2),
109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
3 . As per the prosecution case, the
petitioner is accused of shot having at the victim which
caused injury in his stomach.
Patna High Court CR. MISC. No.10308 of 2026(2) dt.16-02-2026
2/2
4 . Learned counsel for the petitioner submits
that the petitioner is innocent and has not committed
any offence. He is in custody since 13.08.2024.
5 . Learned A.P.P. has vehemently opposed
the prayer for bail.
6 . Considering the fact that the petitioner
has shot at the victim and injured him with a fire arm, I
am not inclined to grant bail to the petitioner for the
present.
7 . Accordingly, this application for regular
bail is hereby rejected.
3. It has been submitted by the learned counsel for the
petitioner that the trial is progressing and charges have been
framed.
4. Considering the gravity of offence and the fact that
trial has started, this Court finds no ground to review its earlier
order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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