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Patna High Court

B.P Yadav @ B.P KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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