Patna High Court
Birbal Yadav @ Ravi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Birbal Yadav, sought anticipatory bail after being named in an FIR alleging offences under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. The FIR described a marriage function incident where co‑accused opened fire, causing a firearm injury to the informant, but did not specifically allege that the petitioner caused any injury. The petitioner argued that the allegations against him were general and omnibus, with no direct charge of causing the injury. The State opposed the bail application. The Court, considering the nature of the accusations and the lack of specific incrimination of the petitioner, granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite being named in the FIR for multiple offences.
- Whether the general allegations against the petitioner suffice to deny bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 190, 191(2), 191(3), 351(2), 351(3), 352, 74
Subjects
- anticipatory bail
- FIR
- firearms injury
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482(2)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18733 of 2025
Arising Out of PS. Case No.-470 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Birbal Yadav @ Ravi Ranjan Kumar S/O Shiv Dayal Yadav Resident of
Village- Sakaddi, P.S.- Koilwar, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Md. Aslam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190, 74,
109, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 04.12.2024
at about 12:45 in the midnight, all the F.I.R. named accused
persons, including this petitioner, misbehaved with the dancers
who were dancing in the marriage function of informant’s
cousin and on being objected, co-accused Saroj Yadav and Anuj
Kumar opened fire causing firearms injury in the right hand of
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.18733 of 2025(3) dt.18-03-2026
2/2
committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of causing firearms injury is
against co-accused Saroj Yadav and Anuj Kumar and there is no
allegation that this petitioner caused any firearms injury to
anyone. There is general and omnibus allegation against this
petitioner.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Bhojpur at Ara in connection with Koilwar P. S. Case No. 470
of 2024, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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