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Patna High Court

Chandra Kishore Yadav @ Chandra Kishore Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted to the petitioners.

Summary

The petitioners sought anticipatory bail in a case where they were accused of firing guns, assaulting an informant and his brother, and causing grievous injuries during a land dispute. The FIR, filed under multiple sections of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleged that the petitioners, along with unknown accomplices, attacked the informant while he was harvesting crops. The petitioners claimed innocence, arguing that the allegations were vague and that they have no prior criminal record. The informant and the State opposed bail, emphasizing the seriousness of the injuries and the nature of the offences. The High Court, after hearing counsel, declined to grant anticipatory bail and ordered the petitioners to surrender within six weeks for trial court proceedings.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite allegations of firing weapons and causing grievous injury
  • Whether the allegations in the FIR are sufficient to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • firearms
  • land dispute
  • Bhartiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21902 of 2026
                         Arising Out of PS. Case No.-368 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
           1.     Chandra Kishore Yadav @ Chandra Kishore Kumar Yadav S/O Upendar
                  Yadav R/O Village- Jhokair Ward No.-16, P.S- Pipra, Distt.- Supaul.
           2.    Raj Kishor Yadav @ Raj Kishor Kumar S/O Upendar Yadav R/O Village-
                 Jhokair Ward No.-16, P.S- Pipra, Distt.- Supaul.
           3.    Sukhsen Kumar S/O Upendar Yadav R/O Village- Jhokair Ward No.-16, P.S-
                 Pipra, Distt.- Supaul.
           4.    Kartik Kumar @ Vivek Kumar S/O Upendar Yadav R/O Village- Jhokair
                 Ward No.-16, P.S- Pipra, Distt.- Supaul.
           5.    Dilkhush Kumar S/O Bhupendar Yadav R/O Village- Jhokair Ward No.-16,
                 P.S- Pipra, Distt.- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel for the petitioners, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioners are apprehending arrest in

                   connection with Pipra P.S. Case No. 368 of 2025, dated

                   15.11.2025, lodged under Sections 191(2), 126(2), 115(2), 109,

                   352 & 351(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter

                   referred to as “BNS, 2023”) and under Section 27 of the Arms

                   Act, pending before the Court of Chief Judicial Magistrate,

                   Supaul.
Patna High Court CR. MISC. No.21902 of 2026(2) dt.08-04-2026
                                            2/3




                       3. As per the prosecution, FIR has been lodged against

          five named accused persons, including the present petitioners,

          alleging that when the informant was getting the crop cut by a

          labourer, the petitioner, along with the other named accused

          persons and 10 unknown accused persons, arrived and first fired

          gunshots, and then abused and assaulted the informant. When

          the informant’s brother came to rescue him, the accused persons

          also assaulted the informant’s brother along with the informant.

                       4. Learned counsel for the petitioner submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the allegations are general and

          omnibus in nature. Counsel also submits that there is a pending

          land dispute between the parties, for which a miscellaneous case

          has also been lodged, and that the criminal antecedents of the

          petitioners are clean.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail of the petitioners and submits that

          the injury sustained by the informant is grievous in nature.

                       6. Learned APP for the State also opposes the prayer

          for bail of the petitioners.

                       7. In the present facts and circumstances, this Court is

          not inclined to grant anticipatory bail to the petitioners.
          Patna High Court CR. MISC. No.21902 of 2026(2) dt.08-04-2026
                                                      3/3




                    Accordingly, the prayer for anticipatory bail of the petitioners is

                    hereby rejected.

                                 8. It is hereby directed to the petitioners to surrender

                    before the Trial Court within a period of six weeks from today.

                    In case the petitioners surrender within the said period, the Trial

                    Court is directed to pass orders on their surrender-cum-bail

                    applications on the same day, without being prejudiced by the

                    fact that their anticipatory bail applications have been rejected

                    by this Court. The Trial Court shall pass orders on the merits of

                    the case.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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