Patna High Court
Sanjay Yadav @ Sanjay Kumar Singh @ Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(2), 126(2), 191(2), 191(3), 61(2), 90
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
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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
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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
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