Patna High Court
Domi Yadav @ Doman YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Domi Yadav was arrested in connection with a case of alleged indiscriminate firing that injured an informant's knee. He was charged under sections 109(1) and 3(5) of the Bihar Negotiable Substances Act and section 27 of the Arms Act. The petitioner claimed he was falsely implicated due to an ongoing family dispute with the informant, who was also an accused in a separate case filed by the petitioner's brother. The injury was a single gunshot wound to the knee, and the petitioner argued there was no intention to cause fatal injury. Despite having three prior criminal cases, the court found the circumstances warranted bail and ordered his release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under sections 109(1) and 3(5) of the Bihar Negotiable Substances Act and section 27 of the Arms Act given the nature of the injury and prior antecedents
- Whether the alleged false implication arising from a family dispute affects the bail decision
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Substances Act — s. 109(1), 3(5)
Subjects
- bail
- Arms Act
- false implication
- injury
- intent
- criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28952 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- Safiyasarai District- Munger
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Domi Yadav @ Doman Yadav S/o- Gono Yadav @ Goni Yadav Village- Bank
Tola Farda PS- Safiyasarai, Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Saurabh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, 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 regular bail in a case
registered for the offence punishable under sections 109 (1) and
3 (5) of the BNS and Section 27 of the Arms Act.
3. The case of the prosecution, in brief, is that the
petitioner, along with others, was allegedly indulging in
indiscriminate firing. It is alleged that the petitioner fired upon
the informant, which hit his knee.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
prior to the present occurrence, the brother of the petitioner had
instituted a case in which the informant is also an accused, and
there exists an ongoing dispute between the parties, suggesting
false implication.
Patna High Court CR. MISC. No.28952 of 2026(2) dt.05-05-2026
2/2
5. With regard to the injury report, it is submitted that
the informant sustained the following injury: an oval round
injury inverted in margin of measuring approximately 1/2’ in
diameter, lacerated wound everted in margin of size 2’x1’ over
lateral side of left knee joint. The nature of the injury has been
kept reserved.
6. It is further submitted that there was no repetition
of firing and that the informant sustained a single gunshot injury
on the knee, which, according to the learned counsel, reflects
the absence of any intention to cause fatal injury. The petitioner
is in custody since 04.01.2026 and has criminal antecedents of
three cases.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Safiyasarai P.S. Case No. 82 of 2025 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, Munger.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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