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Patna High Court

Yogesh Kumar @ Jugesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

The petitioner, Yogesh Kumar, was arrested in connection with a shooting alleged to have been carried out by two persons on a motorcycle he was driving, under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 27 of the Arms Act. The incident arose out of a long‑standing land dispute between the parties. The petitioner contended that he was not the actual assailant, had been in custody since 25‑02‑2026, and possessed no prior criminal record. The State opposed bail, but the Court, considering the dispute background, the petitioner’s lack of direct involvement, and his clean antecedents, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Sub‑Divisional Judicial Magistrate, Danapur, and clarified that the observations were prima facie and would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act in view of the alleged shooting and the surrounding land dispute.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • land dispute
  • shooting
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36106 of 2026
                        Arising Out of PS. Case No.-265 Year-2025 Thana- SAHPUR District- Patna
                 ======================================================
                 Yogesh Kumar @ Jugesh Kumar Son of Late Ramadhar Yadav @ Ramdhar
                 Singh Resident of Village- Raghunipur, P.S.- Udwant Nagar, District- Bhojpur
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai, APP
                 For the Informant        :      Mr. Sunil Kumar Yadav, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   08-07-2026                    Heard learned counsel for the petitioner, learned counsel

                   for the Informant, and learned Additional Public Prosecutor for the

                   State.

                                 2. The petitioner seeks bail in Shahpur P.S. Case No. 265

                   of 2025 registered for the offences under Sections 109 and 3(5) of the

                   Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 27 of the

                   Arms Act.

                                 3. The allegation is that the informant was shot by two

                   persons sitting on a motorcycle which was being driven by the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that a land

                   dispute has been ongoing between the parties for a long time. He

                   further submits that the petitioner is not the actual assailant, has been

                   in custody since 25.02.2026, and has no criminal antecedents.

                                 5. Learned counsel for the Informant and the learned
           Patna High Court CR. MISC. No.36106 of 2026(3) dt.08-07-2026
                                                        2/2




                     Additional Public Prosecutor for the State have vehemently opposed

                     the prayer for bail of the petitioner.

                                  6. Considering the backdrop of a land dispute, the fact that

                     the petitioner is not the assailant, and that he has been in custody

                     since 25.02.2026 with no criminal antecedents, this Court is inclined

                     to grant bail to the petitioner.

                                  7. Let the petitioner, above named, be released on bail on

                     furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two

                     sureties of the like amount each to the satisfaction of the Sub-

                     divisional Judicial Magistrate, Danapur, Patna in connection with

                     Shahpur P.S. Case No. 265 of 2025.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations shall

                     not be construed as an expression on the merits of the case and shall

                     not influence the trial or any other proceedings in any manner.



                                                      (Ansul, J)
Vikash/-

U      T


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