Patna High Court
Dingal Yadav @ Diggal Yadav @ Shashi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Dingal Yadav, was arrested on 19 July 2025 in connection with a case alleging that he and co‑accused fired two rounds at a Scorpio car, injuring the informant’s son, under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. He contended that the FIR was fabricated due to a prior land dispute and that he had not committed any offence. The State opposed bail, highlighting that the petitioner has nine other criminal cases, though six are already on bail and three have resulted in acquittal. The court examined the seriousness of the charges, the petitioner’s claim of false implication, and the existence of other pending matters. Considering the circumstances, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, imposing conditions such as family surety, cooperation with the trial, and non‑tampering with evidence. The bail bond is to be verified by the lower court, and any concealment of criminal antecedents may lead to cancellation. The order reflects the court’s discretion to grant bail while safeguarding the trial process.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 307/34 IPC and Section 27 Arms Act.
- Whether the petitioner’s claim of false implication and prior land dispute affects the bail decision.
- Whether the existence of multiple pending criminal cases influences the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- Arms Act
- false implication
- land dispute
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29618 of 2026
Arising Out of PS. Case No.-166 Year-2023 Thana- NAYA RAM NAGAR District- Munger
======================================================
Dingal Yadav @ Diggal Yadav @ Shashi Kumar S/O Mohan Yadav R/O
Village- Singhiya Jainpur, P.S.- Naya Ram Nagar, District- Munger
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate
For the State : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Manohar Prasad Singh, learned counsel
for the petitioner and Mrs. Gulnar Begum, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
19.07.2025, in connection with Sessions Trial Case No. 501 of
2025 arising out of Naya Ram Nagar P.S. Case No. 166 of 2023,
F.I.R. dated 09.07.2023 registered for the offences punishable
under Sections 307/34 of the Indian Penal Code and Section 27
of the Arms Act.
3. Allegation against the petitioner is that he along
with other co-accused person fired two round upon the Scorpio
car with desi katta, somehow the informant’s son survived.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29618 of 2026(2) dt.04-05-2026
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petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. From perusal of
the F.I.R. it appears that the informant herself stated in the F.I.R.
that due to previous dispute the present occurrence had taken
place. Although, there is specific allegation against the
petitioner and other co-accused person that they have fired upon
the son of the informant. Learned counsel for the petitioner
further submits that due to previous land dispute, the petitioner
has been falsely implicated in the present case and no one has
received injury in the present occurrence. He further submits
that the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 19.07.2025..
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries nine more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that out of nine cases, the
petitioner is on bail in six cases and rest three cases, the
petitioner has been acquitted by the learned Trial court.
6. Considering the facts and circumstances of the
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case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional District & Sessions Judge-IV, Munger in
connection with Sessions Trial Case No. 501 of 2025 arising out
of Naya Ram Nagar P.S. Case No. 166 of 2023, subject to the
following conditions :-
(1) One of the bailors should be the family member of
the petitioner.
(2) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(3) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(4) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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4/4
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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