Created by Fuzzy Cloud

Patna High Court

Sanjay Yadav @ Sanjay Kumar Singh @ Santosh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied regular bail to the petitioner.

Summary

The petitioner, Sanjay Yadav, was arrested in connection with a FIR alleging that he and others opened indiscriminate fire, killing three persons and injuring two. He is charged under Sections 191(2), 191(3), 90, 126(2), 115(2), 118(2), 109, 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner applied for regular bail, claiming innocence, while the State contended that prima facie material links him to the offences. The Court examined the seriousness of the alleged crime, the number of victims, and noted that a similarly situated co‑accused had previously been denied bail. Concluding that the allegations are grave and the petitioner is implicated in the killings, the Court refused to grant regular bail, emphasizing that its observations are limited to the bail application and do not prejudice the trial.

Issues considered

  • Whether regular bail can be granted to an accused involved in alleged indiscriminate firing resulting in deaths and injuries under the Bharatiya Nyaya Sanhita and Arms Act.
  • Whether the existence of prima facie evidence justifies the denial of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • serious offence
  • prima facie evidence
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37135 of 2026
                        Arising Out of PS. Case No.-180 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
                 Sanjay Yadav @ Sanjay Kumar Singh @ Santosh Yadav Son of Dinanath
                 Singh Resident of Vill- Ahiyapur, P.S.- Rajpur, District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shantanu Kumar
                 For the Opposite Party/s :       Mr.Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                  A supplementary affidavit has been filed on behalf of

                   the petitioner and the same is taken on record.

                                2. Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                3. The petitioner seeks regular bail in connection with

                   Rajpur P.S. Case No. 180 of 2025 registered for the offence

                   under Sections 191(2), 191(3), 90, 126(2), 115(2), 118(2), 109,

                   103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section

                   27 of the Arms Act.

                                4. As per the prosecution case, the allegation against

                   the petitioner is that he, along with other co-accused persons

                   variously armed with rifles, pistols, and other firearms, came to

                   the place of occurrence and started indiscriminate firing, due to

                   which three persons died on the spot and two persons were
Patna High Court CR. MISC. No.37135 of 2026(2) dt.30-06-2026
                                            2/3




          injured.

                       5. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence.

          The petitioner is in custody since 29.10.2025.

                       6. Per contra, learned counsel for the State and the

          learned counsel for the informant have vehemently opposed the

          bail application and submit that the allegations against the

          petitioner are serious and grave in nature. It is contended that

          there exists prima facie material against the petitioner indicating

          his involvement in the commission of the offence.

                       7. I have considered the submissions of the parties and

          have gone through the records of the case. Nineteen named and

          three unknown persons made indiscriminate firing, resulting in

          the death of three persons and injuries to two others. The

          petitioner is one of the accused, who is named in the FIR.

          Similarly situated co-accused, Bhuwar Pandey @ Prem Narayan

          Shukla, had also moved this Court for regular bail in Cr. Misc.

          No. 15596 of 2026, which was dismissed by this Court.

                       8. Considering the fact that the petitioner and others

          are involved in the killing of three persons and injuring two

          others, this Court is not inclined to grant regular bail to the

          petitioner. Accordingly, this application for regular bail stands
            Patna High Court CR. MISC. No.37135 of 2026(2) dt.30-06-2026
                                                        3/3




                      rejected.

                                   9. 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.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.