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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
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
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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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