Patna High Court

Yash Kumar @ Durlabh @ Durlabh Kumar @ MirchaiversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Yash Kumar, applied for regular bail in a criminal matter arising from Sultanganj police case No. 140 of 2025, wherein the FIR alleged a shooting that resulted in the death of Sayed Shahnawaz. The FIR named Md. Raja as the shooter, and the petitioner was not specifically mentioned, though his name surfaced during investigation and he has been in custody since 03.05.2025. The charges filed under Sections 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita relate to attempted murder and related offences. The petitioner’s counsel argued that there is no specific allegation of an overt act against him, while the State opposed bail. The Court, considering the nature of the accusation and the period of custody, allowed the bail application, directing the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether a person not named in the FIR but later implicated during investigation can be granted regular bail for offences under Sections 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103, 3(5), 61(2)

Subjects

regular bail
criminal procedure
Bharatiya Nyaya Sanhita
Sections 103
Section 61(2)
Section 3(5)
shooting incident
FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11336 of 2026
                      Arising Out of PS. Case No.-140 Year-2025 Thana- SULTANGANJ District- Patna
                 ======================================================
                 Yash Kumar @ Durlabh @ Durlabh Kumar @ Mirchai Son of Mahendra
                 Yadav @ Mahendra Kumar Resident of - Ghagha Gali, Patna City, P.S.-
                 Chowk, District - Patna.
                                                                    ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner seeks regular bail in connection with S.

                   Tr. No. 1748 of 2025 arising out of Sultanganj P. S. Case No.

                   140 of 2025 registered for the offences punishable under

                   Sections 103, 61(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                 3. As per the FIR, on 04.04.2025, informant’s brother

                   Sayed Shahnawaz and his friend Md. Kaish were going to

                   depose their testimony in Civil Court, Patna on a scooty. Near

                   Khan Mirza Majshid Ghat, two motorcyclists on an Apache

                   bike followed them, out of them one was identified as Md. Raja

                   who fired at Shahnawaz. He was hit and fell down from the

                   scooty. Later, informant’s brother Shahnawaz died during

                   treatment at PMCH. The informant suspects that on account of
            Patna High Court CR. MISC. No.11336 of 2026(2) dt.11-03-2026
                                                        2/2




                      old enmity petitioner along with other accused persons were

                      involved in the alleged occurrence.

                                   4. Learned counsel for the petitioner submits that

                      petitioner is not named in the F.I.R. and as per F.I.R., specific

                      accusation of firing is against co-accused Md. Raja. There is no

                      allegation of any specific overt act against the petitioner. Name

                      of the petitioner transpired during investigation and he is in

                      custody since 03.05.2025. Charge-sheet has already been

                      submitted.

                                   5. However, learned A.P.P. for the State vehemently

                      opposed the bail application.

                                   6. Considering the nature of accusation and period of

                      custody, this bail application is allowed. The petitioner, above

                      named, is directed to be released on bail on furnishing bail bond

                      of Rs. 10,000/- (Ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned District &

                      Additional Sessions Judge-VII, Patna City in connection with

                      S. Tr. No. 1748 of 2025 arising out of Sultanganj P. S. Case No.

                      140 of 2025.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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