Patna High Court

Birendra Kumar @ Shaktiman YadavversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Birendra Kumar (alias Shaktiman Yadav), sought anticipatory bail fearing arrest in a case registered under Sections 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that on 04‑09‑2025 the accused, including the petitioner, arrived at an informant's house on a motorcycle and opened fire, with the petitioner alleged only to have driven the motorcycle. The petitioner contended that he did not fire any weapon and that the charge of firing pertained solely to co‑accused Raja Kumar. The State opposed the bail, arguing the seriousness of the offences. The Court, noting that the petitioner was not alleged to have discharged any weapon, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted when the petitioner is alleged only to be the driver and not the shooter.
Whether the allegations under Sections 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act justify denial of bail.
Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 3(5), 351(2)

Subjects

anticipatory bail
criminal procedure
firearms offence
Bharatiya Nyaya Sanhita
Arms Act
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3219 of 2026
                       Arising Out of PS. Case No.-635 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Birendra Kumar @ Shaktiman Yadav S/O Rajendra Yadav R/O Village-
                 Tetaria, P.S.- Fatehpur, Distt.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Mr. Mukund Kumar
                                                  Mr. Ashutosh Kumar, Advocates
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 109, 351(2), 3(5) of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                 3. Prosecution case, in brief, is that on 04.09.2025, all

                   the F.I.R. named accused persons, including this petitioner,

                   came at the house of informant on motorcycle and started firing.

                   Petitioner is alleged to be driving the motorcycle.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is only alleged to be driver of the motorcycle and specific

                   allegation of firing is against co-accused Raja Kumar.

                                 5. Learned A.P.P. for the State vehemently opposed
              Patna High Court CR. MISC. No.3219 of 2026(2) dt.02-02-2026
                                                          2/2




                        the bail application.

                                     6. Considering the nature of accusation and the fact

                        that petitioner is not alleged to have fired, this anticipatory bail

                        is allowed and it is ordered that let the above named petitioner

                        in the event of his arrest/surrender before the court below within

                        a period of eight weeks from today, be enlarged on bail on

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

                        sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, Gaya in connection with Fatehpur P. S.

                        Case No. 635 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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