Patna High Court
Vineet Yadav @ Vineet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners subject to the stipulated bond and sureties.
Summary
Vineet Yadav and Sumit Yadav sought bail fearing arrest in a case (Parbatta P.S. Case No. 410 of 2024) alleging assault and firing under several sections of the BNSS and Section 27 of the Arms Act. The prosecution alleged that the petitioners injured the victim and discharged a firearm. The petitioners contended they were falsely implicated and presented no evidence of a gunshot injury. The investigating officer produced an injury report showing only simple injuries and no gunshot wound. Considering the report, the court allowed the bail application, directing release on a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.
Issues considered
- Whether bail should be granted to the petitioners in view of the injury report and the nature of the alleged offences
- Whether the prosecution's case is weakened by the absence of gunshot injury evidence
- Whether the conditions of Section 438(2) CrPC and Section 482 BNSS are satisfied for bail
Legislation cited
- Arms Act — s. 27
- BNSS — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- BNSS
- Arms Act
- injury report
- assault
- firearm
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27459 of 2025
Arising Out of PS. Case No.-410 Year-2024 Thana- PARBATTA District- Khagaria
======================================================
1. Vineet Yadav @ Vineet Kumar S/o Subodh Yadav Resident of Village-
Muradpur, Ward No 11, PS- Prabatta, District- Khagadia
2. Sumit Yadav @ Sumit Kumar Yadav S/o Subodh Yadav Resident of Village-
Muradpur, Ward No 11, PS- Prabatta, District- Khagadia
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Muskan Singh
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Parbatta P.S. Case No. 410 of 2024 registered
for the offence under Sections 126(2), 115(2), 118(2), 109, 352,
351(2), 303(2), 3(5) of the BNSS and under Section 27 of the
Arms Act.
3. As per the prosecution case, the petitioners are
accused of injuring the victim by assaulting him and they are
also said to have fired at the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.27459 of 2025(6) dt.24-02-2026
2/2
been implicated in this case.
5. Pursuant to the order of this Court, the I.O. of
the case has appeared in this Court with the injury report which
shows that the injury caused to the victim is simple in nature
and there is no gun shot injury.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 Chief
Judicial Magistrate, Khagaria/concerned Court below in
connection with Parbatta P.S. Case No. 410 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…