Patna High Court
Umesh Prasad @ Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Umesh Prasad, was arrested in connection with a case registered under Sections 126(2), 115(2), 352 and 109 of the Bihar Non‑Special (BNS) Act and Sections 27 and 30 of the Arms Act. The prosecution alleged that he slapped the brother of an informant while the latter was ploughing his field and subsequently fired a licensed gun, although no one was injured. The petitioner contended that the FIR only alleged a slap and an unverified firing, and that he had been in judicial custody since 20‑12‑2025. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court considered the nature of the offences, the lack of injury, and the petitioner’s custody duration, and decided to grant regular bail on condition of a bond and sureties. The order directed the petitioner’s release upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving alleged assault and unlawful discharge of a licensed firearm under the BNS Act and Arms Act, considering the presence of prior criminal antecedents.
Legislation cited
- Arms Act — s. 27, 30
Subjects
- regular bail
- criminal procedure
- Arms Act
- assault
- prior criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10522 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Umesh Prasad @ Umesh Yadav S/o- Late Chandradeo Yadav R/o Village-
Bandi P.O- Maniyara P.S- Neemchak Bhathani District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 126(2),
115(2), 352 & 109 of the BNS and under Sections 27 & 30 of
the Arms Act.
3. The case of the prosecution, in short, is that the
brother of the informant was ploughing the fields with tractor
and during that the petitioner has slapped the brother of the
informant. When the brother of the informant disclosed it to the
informant, he reached there. It is further alleged that the
petitioner has made firing licensed gun.
4. Learned counsel for the petitioner submits that
from perusal of the FIR it is clear that only allegation against the
Patna High Court CR. MISC. No.10522 of 2026(2) dt.23-02-2026
2/2
petitioner is that he has slapped the brother of the informant and
as far as firing in concerned, there is only allegation of firing.
The gunshot has not hit anybody. Learned counsel for the
petitioner has further submitted that the petitioner is languishing
in judicial custody since 20.12.2025.
5. Learned APP for the State has vehemently opposed
the bail and has submitted that the petitioner is having criminal
antecedent of two cases.
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 released on bail in connection with
Neemachak Bathani P.S. Case No. 239 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned court of Judicial
Magistrate, First Class, Gaya Jee.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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