Patna High Court
Gudar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Gudar Yadav petitioned for regular bail in a case registered under sections 103(1), 61(2), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, alleging that he was merely a member of a mob and not specifically charged with the firearm injury that led to the death of an informant's husband. The FIR alleged a conspiracy to murder stemming from a land dispute, and the charge sheet named other accused persons as the primary perpetrators. The petitioner asserted a clean antecedent and had been in custody since 7 January 2026, while the State opposed bail. The Court considered the nature of the accusation, the lack of a specific overt act attributed to the petitioner, and the period of custody, and decided to grant regular bail. He was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Saharsa.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under serious offences of the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the absence of a specific allegation of an overt act against the petitioner suffices to justify bail
- Whether the period of pre‑trial custody warrants the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 351(3), 352, 61(2)
Subjects
- regular bail
- criminal procedure
- conspiracy
- murder
- arms act
- Bharatiya Nyaya Sanhita
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33298 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- Chiraiya District- Saharsa
======================================================
Gudar Yadav Son of Rajendra Yadav Resident of Village- Mukhaiya, Rahua,
P.S.- Pipriya, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Ms. Dr. Indiwar Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 103(1), 61(2), 351(3), 352
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of
the Arms Act.
3. As per F.I.R. all the named accused persons
including this petitioner under a conspiracy shot dead husband
of informant due to previous land dispute .
4. Learned counsel for the petitioner submitted that
specific accusation of causing firearms injury to husband of
informant is against Gorelal Yadav, Manohar Yadav and
Amardeep yadav , as a result of which, he died. So far as, this
petitioner is concerned, there is not specific allegation of any
overt against him. At best, he is only alleged to be member of
Patna High Court CR. MISC. No.33298 of 2026(2) dt.15-05-2026
2/2
mob who present at the place of occurrence along with other co-
accused persons. Charge sheet has already been filed. Petitioner
claims clean antecedent and he is in custody since 07.01.2026 .
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation and period of
custody of the petitioner, his prayer for regular bail is allowed.
Let the petitioner, mentioned above, 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 Saharsa in Chiraiya Police Station Case No.
26 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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