Patna High Court
Bipin Yadav @ Buchcha YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Bipin Yadav applied for regular bail in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, arising from an incident where co‑accused fired at an informant's father, resulting in his death. The petitioner contended that he had no specific role in the shooting, possessed a clean antecedent, and had been in custody since 9 October 2025. The State opposed the bail, emphasizing the seriousness of the offences. The Court examined the nature of the accusation, the petitioner’s clean record, and the period of custody, and concluded that bail was appropriate. Consequently, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s alleged lack of participation and clean antecedent justify bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- clean antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19749 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- MANSI District- Khagaria
======================================================
Bipin Yadav @ Buchcha Yadav Son of Sitaram Yadav Resident of Village-
Thatha, P.S.- Mansi, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Mansi P. S. Case No. 142 of 2025 registered for the offences
punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., on 14.06.2025, all the accused
persons including petitioner surrounded informant and his
family members and thereafter, co-accused Surendra Yadav and
Sumit Yadav fired upon father of informant, as a result of which,
he died on spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of firing is against co-accused Surendra Yadav and
Patna High Court CR. MISC. No.19749 of 2026(2) dt.01-05-2026
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Sumit Yadav. So far as this petitioner is concerned, no specific
role has been attributed against him. Petitioner claims clean
antecedent and is in custody since 09.10.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent 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 Judicial Magistrate, 1st Class, Khagaria in
connection with Mansi P. S. Case No. 142 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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