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Patna High Court

Kailu Yadav @ Kaila @ Shailesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to conditions of personal appearance and a bail bond.

Summary

Petitioner Kailu Yadav was arrested in connection with a case registered under Sections 126(2), 115(2), 109, 3(5) and 27 of the Arms Act for allegedly firing at an informant, causing a superficial gunshot wound to the thigh. The petitioner claimed innocence, arguing that the injury was minor, the medical report was incomplete (no USG Doppler), and that he had been in judicial custody since 29‑03‑2025. The State opposed bail, citing six prior criminal cases against the petitioner. After hearing both sides, the Court considered the nature of the injury, the lack of conclusive medical evidence, and the petitioner’s right to liberty, and decided to grant bail on condition of cooperation and personal appearance at every court date, with a bond of Rs.10,000 and two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to a person charged under multiple provisions of the Arms Act for alleged firing at an informant.
  • Whether the superficial nature of the injury and incomplete medical investigation justify bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

  • Arms Act — s. 109, 115(2), 126(2), 27, 3(5)

Subjects

  • bail
  • Arms Act
  • criminal antecedent
  • injury report
  • judicial custody
  • personal appearance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28880 of 2026
                       Arising Out of PS. Case No.-94 Year-2024 Thana- Safiyasarai District- Munger
                 ======================================================
                 Kailu Yadav @ Kaila @ Shailesh Kumar Son of Late Mani Yadav @ Manilal
                 Yadav Resident of village - Singhiya English, P.S.- Safiasarai, District -
                 Munger.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nawal Kishore Singh, Adv.
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Safia Sarai P.S. Case No. 94 of 2024 registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 3(5) and

                   27 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner has made one fire at the informant, which hit him in

                   the thigh.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel further submits that from perusal of the
Patna High Court CR. MISC. No.28880 of 2026(2) dt.05-05-2026
                                            2/3




          injury report, it will transpire that the injured/informant has

          received the following injuries:

                    (i) gunshot injury of size 6 mm x 6 mm at entry wound

          with blackening around the wound.

                    (ii) 1.5 cm x 1.5 cm exit wound over medical aspect of

          right thigh. An X-ray of the right thigh and USG Doppler were

          advised for the final injury report, but the patient did not

          undergo the USG Doppler investigation and was given an

          application to make an injury report without the suggested

          investigation of USG Doppler. An X-ray was done at Sadar

          Hospital, Munger, and reported by Doctor as follows:- No body

          injury.

                        5. Learned counsel further submits that the injury

          which has been received by the informant is a gunshot injury

          but is superficial, as the entry wound is 6 mm x 6 mm. There is

          no repetition of fire blows. Moreover, the petitioner is

          languishing in judicial custody since 29.03.2025.

                       6. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has criminal

          antecedent of six cases.

                       7. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is
           Patna High Court CR. MISC. No.28880 of 2026(2) dt.05-05-2026
                                                       3/3




                     inclined to enlarge the petitioner on bail with the condition

                     that the petitioner shall cooperate in the trial and shall

                     remain physically present on each and every date fixed by

                     the learned court below till the conclusion of trial. The above

                     named petitioner is directed to be enlarged on bail on furnishing

                     bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Chief Judicial Magistrate, Munger in connection with S.T. No.

                     212 of 2025 arising out of Safia Sarai P.S. Case No. 94 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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