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Patna High Court

Pukari Yadav @ Pukari KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Pukari Yadav and Bibhishan Kumar, were implicated in a shooting incident where the informant's son was injured, alleged under Sections 109 and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. They applied for anticipatory bail, claiming innocence and asserting that the allegations were false. The State opposed the bail, highlighting the petitioners' prior criminal records—four and three antecedents respectively—and labeling them habitual offenders. The court examined the FIR, injury report, and the petitioners' criminal histories, concluding that the seriousness of the offences and their past conduct warranted denial of bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Sections 109, 3(5) of the B.N.S. and Section 27 of the Arms Act given the facts and their criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • habitual offender
  • criminal antecedents
  • Arms Act
  • Bihar Narcotic Substances Act
  • FIR
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14654 of 2026
                     Arising Out of PS. Case No.-200 Year-2025 Thana- CHANDRADIP District- Jamui
                 ======================================================
           1.     Pukari Yadav @ Pukari Kumar S/O Late Naresh Yadav R/O Vill.-
                  Bhaaluaana, P.S.- Chandradeep, Dist.- Jamui.
           2.    Bibhishan Kumar @ Bibhishan Yadav S/O Mahadeo Yadav R/O Vill.-
                 Bhaaluaana, P.S.- Chandradeep, Dist.- Jamui.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Brajesh Sahay, Adv
                                                  Mr. Mritunjay Kumar, Adv
                                                  Ms. Harshita, Adv
                                                  Ms. Amrita Kumari, Adv
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 For the Informant        :       Mr. Pramod Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   29-04-2026                          Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioners apprehend their arrest in connection

                   with Chandradeep P.S. Case No. 200 of 2025, registered for the

                   offence punishable under Sections 109, 3(5) of B.N.S. and

                   Section 27 of Arms Act.

                                 3. The case of the prosecution, in short, is that on

                   18.11.2025 at about 04:00 P.M, the informant's son Randhir

                   Kumar Yadav had gone to Gautam Mistry in Aliganj bazar for

                   some private work regarding tractor repair. While he was

                   standing there getting his work done by the mechanic suddenly
Patna High Court CR. MISC. No.14654 of 2026(3) dt.29-04-2026
                                            2/3




          09 individuals arrived and fired on the informant’s son due to

          which informant's son was severely injured. Based on the

          information provided by informant's son that the attacker

          include 1. Pukari Yadav, 2. Bibhishan Yadav, 3. Bhushan Yadav,

          4. Rambilas Yadav, 5. Pankaj Yadav, one bullet struck the

          informant son's right hand while another bullet struck in his leg

          after that all the accused has fled away from the place of

          occurrence on a Apache Motorcycle and on other vehicles.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case. They have nothing to do with the alleged

          occurrence. There is general and omnibus allegation against the

          petitioners. He further submits that the petitioners have two

          criminal antecedents.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. In the FIR, there is allegation against the petitioners

          that they along with other co-accused fired bullet gun shot on

          Randhir Kumar Yadav. In the impugned order, the learned Court

          below has also noticed that the injury report of Randhir Kumar

          Yadav shows that he has sustained fire arm injury. The petitioner

          no. 1 has four criminal antecedents and the petitioner no. 2 has
              Patna High Court CR. MISC. No.14654 of 2026(3) dt.29-04-2026
                                                          3/3




                        three criminal antecedents, the details of which have been

                        brought on record by way of supplementary affidavit.

                        Considering these aspects of the matter and particularly the fact

                        that the petitioners appear to be habitual offenders, this Court is

                        not inclined to grant privilege of anticipatory bail to the

                        petitioners.

                                     7.   Accordingly,          the   present   anticipatory   bail

                        application stands rejected.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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