Patna High Court
Santosh Yadav @ Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Summary
Santosh Yadav was arrested in connection with a dispute that escalated into stone‑pelting and a gunshot that injured Kundan Mandal. The prosecution alleged that Yadav fired a weapon, violating Sections 191(2), 191(3), 109, 329(4), 303(2), 352 of the Bihar Negotiable Statutes, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the victim’s own statement showed the shot was accidental, that there was a discrepancy in the time of the incident, and that there was no intention to cause harm. The State opposed bail, citing nine prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on the condition of a Rs 10,000 bond with two sureties, directing compliance with the Judicial Magistrate, 1st Class, Munger.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences, including illegal discharge of a firearm, given the alleged lack of intent and the petitioner’s prior criminal record.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes — s. 109, 191(2), 191(3), 303(2), 329(4), 352
Subjects
- bail
- criminal procedure
- Arms Act
- intent
- prior criminal record
- stone pelting
- grievous hurt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13756 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Santosh Yadav @ Santosh Kumar Yadav S/O Rajendra Yadav @ Rajendra
Prasad Yadav R/O Village- Bhagichak, P.S- Nayaram Nagar, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Kumar, Advocate.
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nayaram Nagar P.S. Case No. 37 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 109, 329(4),
303(2), 352 of the B.N.S., 2023 and Section 27 of the Arms Act.
3.The case of the prosecution, in short, is that there
was dispute between the petitioner and his neighbor, and in that
dispute, stone pelting was done. It is alleged that the petitioner
has fired and the gunshot hit one Kundan Mandal.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that during the course of the investigation,
Patna High Court CR. MISC. No.13756 of 2026(4) dt.14-05-2026
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Kundan Mandal has given his statement, which has been
recorded by the police as fardbeyan. According to his statement,
at 10:00AM, while he was passing through the place of
occurrence, he saw that stone pelting was being done by both
sides, and meanwhile, the petitioner made a firing that hit him.
He further submits that according to the FIR, the time of
occurrence is 08:00 AM, whereas according to the victim of this
case, he received a gunshot at 10:00 AM. He further submits
that from perusal of the statement of the victim, it is clear that
the petitioner has not aimed him, rather the gunshot, which was
fired by him, hit the victim as he was passing through that way.
He also submits that from perusal of the injury report, it is clear
that it is from a private hospital, and from perusal of the injury
report, it is clear that the doctor has found fracture of ribs and
has opined the nature of the injury to be grievous. Be it as may
be, as the intention of the petitioner was not to shot the victim.
Moreover, the petitioner is languishing in judicial custody since
03.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of nine cases.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.13756 of 2026(4) dt.14-05-2026
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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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Munger in connection with Nayaram
Nagar P.S. Case No. 37 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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