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Patna High Court

Jay Prakash YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Jay Prakash Yadav applied for regular bail in a case registered under sections 103(1) and 61(2) of the BNS and section 27 of the Arms Act. The prosecution alleged that Rupesh Yadav and Govind Yadav fired at the informant's husband and that the petitioner, along with Dabesh Yadav, was armed with a pistol, pointed it at the informant and threatened her. The petitioner contended that he did not fire any shot, caused no injury and was merely present, and that he had been in judicial custody since 16‑12‑2025. The State opposed the bail. After hearing both sides, the court found the petitioner’s claim of non‑participation credible and, considering the circumstances, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections 103(1) and 61(2) of the BNS and section 27 of the Arms Act
  • Whether the alleged presence of a firearm and threat to the informant justifies denial of bail

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • BNS
  • criminal procedure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17826 of 2026
                       Arising Out of PS. Case No.-459 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Jay Prakash Yadav Son of Lalsi yadav Resident of Village - Belasara Ward no.
                 5, Police Station - Raniganj, District - Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :        Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                     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 103(1) and

                   61(2) of the BNS and Section 27 of the Arms Act.

                                3. The case of the prosecution is that one Rupesh

                   Yadav and Govind Yadav have fired at the husband of the

                   informant. It is further alleged that this petitioner and one

                   Dabesh Yadav were armed with pistol and they have pointed the

                   pistol against informant and have threatened her.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   FIR, it is clear that Rupesh Yadav and Govind Yadav are the
            Patna High Court CR. MISC. No.17826 of 2026(2) dt.24-03-2026
                                                        2/2




                      main assailants. Only role of this petitioner is that he was

                      present there and was armed with pistol. He has made no firing.

                      He has caused no injury to anybody. Moreover, the petitioner is

                      languishing in judicial custody since 16.12.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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

                      Raniganj P.S. Case No. 459 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 Additional Chief Judicial

                      Magistrate-1st, Araria.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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