Patna High Court
B.P Yadav @ B.P KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, B.P. Yadav, was arrested in connection with a case registered under Sections 126(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleged to have fired at a victim who sustained only an abrasion. The petitioner, who had been in custody since 16‑02‑2026, claimed innocence and sought regular bail. The State opposed the bail application. The Court noted that the injury to the victim was simple in nature and, on that basis, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The order was limited to the bail matter and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged offence and the simple injury sustained by the victim
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- simple injury
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26942 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- GOGRI District- Khagaria
======================================================
B.P Yadav @ B.P Kumar S/o Sikandar Yadav Resident of vill- Mushkipur,
ward no. 31, PS- Gogri, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh, Advocate
For the State : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner is permitted to
make necessary correction in para-1 of the petition.
3. The petitioner seeks bail in connection with Gogri
P.S. Case No. 52 of 2025 registered for the offence punishable
under Sections 126(2), 109 and 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
4. The petitioner is said to have fired upon the victim
but the injury sustained has been found to be an abrasion.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 16.02.2026.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.26942 of 2026(2) dt.22-04-2026
2/2
prayer for regular bail of the petitioner.
7. Considering the fact that the injury sustained by the
victim is simple in nature, this application is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Khagaria/ concerned Court in
connection with Gogari P.S. Case No. 52 of 2025.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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