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Patna High Court

Domi Yadav @ Doman YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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