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Patna High Court

Vineet Yadav @ Vineet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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