Patna High Court
Yotendra Kumar Singh @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, owing to the petitioner’s clean antecedent and the absence of any firearm injury, anticipatory bail is warranted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Yotendra Kumar Singh, was implicated in an FIR alleging assault and firing upon an informant, with charges under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He contended that no one suffered firearm injury and that there was no specific overt act linking him to the alleged firing, emphasizing his clean antecedent. The State opposed his bail application. The Court examined the lack of injury, the petitioner’s clean record, and the absence of concrete evidence of a specific act, and concluded that these factors justified granting anticipatory bail. Accordingly, the Court ordered anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition to surrender within eight weeks under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves firing but no injury is proven
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the facts
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351, 352
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28517 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- KOCHAS District- Rohtas
======================================================
Yotendra Kumar Singh @ Sonu Kumar son of Sri Bhagwan Singh Resident of
village- Kisan Bazar Sammitte Road No. 7, Kochas, Ps- Kochas, Dist- Rohtas
At Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109(1), 351, 352, 303(2), 3(5) of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. As per F.I.R., all the named accused persons
assaulted informant and his family members. This petitioner is
alleged to have fired upon the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Though
petitioner is alleged to have fired upon the informant but no one
sustained any firearms injury. There is no allegation of any
specific overt act against petitioner. Petitioner claims clean
Patna High Court CR. MISC. No.28517 of 2026(2) dt.04-05-2026
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antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, clean antecedent
and the fact that no one sustained any firearms injury, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Rohtas at
Sasaram in connection with Kochas P. S. Case No. 21 of 2026,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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