Patna High Court

Phuda YadavversusThe State of Bihar

Decided: 11 May 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that pre‑arrest bail could not be granted as the seriousness of the charges and the petitioner’s prior convictions warranted continued detention.

Summary

Phuda Yadav was arrested in connection with an incident on 18 January 2026 where he and others allegedly entered the informant's land, carried out soil‑filling work, installed water pipes and, upon objection, opened indiscriminate fire, injuring the informant and others. The FIR charges him under sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act, and notes three prior criminal convictions. The petitioner applied for pre‑arrest bail, arguing that the allegations did not justify detention. The Court examined the seriousness of the offences, the presence of prior convictions, and the potential threat to public order. Considering these factors, the Court rejected the bail application, concluding that the petitioner’s liberty could not be granted at this stage.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the nature of the offences and his criminal antecedents

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352

Subjects

pre‑arrest bail
criminal antecedents
Arms Act
Bihar Negotiable Instruments Act
violent offence
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30099 of 2026
                          Arising Out of PS. Case No.-7 Year-2026 Thana- Mohanpur District- Purnia
                  ======================================================
                  Phuda Yadav S/o Late Chunchun Yadav R/o - Balia Yadav Tola, P.S -
                  Mohanpur, District - Purnia
                                                                      ... ... Petitioner/s
                                               Versus
                  The State of Bihar
                                                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Anuj Kumar , Advocate
                  For the Opposite Party/s :        Mr. Tarun Prasad Mandal , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    11-05-2026                                Heard learned counsel for the petitioner and
                    the State .
                                  2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under sections 126 (2), 115 (2), 109 (1),
                    352, 351(2) and 3 (5) of BNS and 27 of Arms Act.
                                  3 . As per F.I.R. informant alleged that on 18.01.2026,
                    this petitioner along with other co-accused persons came at the
                    land of informant and started soil filling works and also fixing
                    water pipes and when informant objected, they made
                    indiscriminate firing upon informant and others. Petitioner has
                    got 3 criminal antecedents.
                                  4. Considering the nature of accusation, criminal
                    antecedents of this petitioner and gravity of offence, prayer for
                    pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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