Patna High Court

Sanjay Yadav @ Sanjay Kumar @ Kumar SanjayversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner on condition of furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sanjay Yadav, sought bail in a case registered as Sarabhada P.S. Case No.31 of 2025, wherein he was accused under Sections 103 and 3(5) of the BNS and Section 27 of the Arms Act for allegedly firing at the husband of an informant, resulting in the victim's death. The prosecution alleged that the petitioner, along with several associates, shot the victim, while the defence argued that the informant was not an eye‑witness and the allegations were general and omnibus. The petitioner claimed no prior criminal record and had been in judicial custody since 17‑12‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court found the petitioner's lack of antecedents and the nature of the evidence sufficient to grant bail, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Sections 103, 3(5) of the BNS and Section 27 of the Arms Act considering the nature of the offence and the evidence.
Whether the informant’s testimony qualifies as an eye‑witness and impacts the bail decision.

Legislation cited

Arms Act — s. 27
BNS — s. 103, 3(5)

Subjects

bail
criminal procedure
Arms Act
BNS
Section 103
Section 3(5)
Section 27
judicial custody
no prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26836 of 2026
                         Arising Out of PS. Case No.-31 Year-2025 Thana- Sarbahada District- Gaya
                 ======================================================
                 Sanjay Yadav @ Sanjay Kumar @ Kumar Sanjay S/o- Late Chandradeo
                 Yadav R/v- Lakchhu Bigha Ps- Sarbahda Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sarabhada P.S. Case No.31 of 2025 registered for the

                   offence punishable under Sections 103 & 3(5) of the BNS and

                   under Section 27 of the Arms Act.

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

                   petitioner along with 5-6 named and other unknown associates

                   have fired at the husband of the informant due to which he

                   succumbed to the injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the FIR it is clear

                   that the informant is not the eye-witness of this case. It has

                   further been submitted that the nature of allegation is general
            Patna High Court CR. MISC. No.26836 of 2026(2) dt.22-04-2026
                                                        2/2




                      and omnibus and this petitioner and others have been framed in

                      this case as there is allegation that they have threatened the

                      deceased of dire consequences. Learned counsel for the

                      petitioner has submitted that from perusal of the order of the

                      learned trial court it transpire that the deceased has received two

                      gunshot injuries. Learned counsel for the petitioner has

                      submitted that the petitioner is having no criminal antecedent

                      and he is in judicial custody since 17.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Additional Chief Judicial Magistrate-IV, Gaya Ji, in connection

                      with Sarabhada P.S. Case No.31 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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