Patna High Court

Sunil Yadav @ Sunil KumarversusThe State of Bihar

Decided: 30 June 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted as the court was not inclined to relax bail norms given the serious nature of the allegations.

Summary

Sunil Yadav applied for anticipatory bail fearing arrest in a case (Fatehpur P.S. Case No. 74 of 2025) involving alleged assault with a firearm that caused injuries to a victim. The charges include offences under Sections 109 and 3(5) of the Bihar Negotiable Instruments Act (BNS) and Section 27 of the Arms Act. The petitioner claimed innocence and alleged false implication. The court examined the seriousness of the allegations, particularly the use of a firearm, and concluded that the nature of the case did not merit anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was directed to surrender and seek regular bail.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged assault with a firearm under Sections 109, 3(5) of the BNS and Section 27 of the Arms Act

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 109, 3(5)

Subjects

anticipatory bail
Arms Act
Bihar Negotiable Instruments Act
criminal procedure
bail
firearm injury
assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37956 of 2026
                        Arising Out of PS. Case No.-74 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Sunil Yadav @ Sunil Kumar S/o Late Baleshwar Yadav @ Late Baleshwar
                 Prasad R/o Village- Manjhauli, P.S- Fatehpur, Dist- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anmol Kumar
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                   Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Fatehpur P.S. Case No. 74 of 2025 registered for the

                   offence under Sections 109, 3(5) of the BNS and under Section

                   27 of the Arms Act.

                                3. The petitioner and others are accused of assaulting

                   the victim causing fire arm injuries in the leg.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case.

                                5. Considering the nature of allegation levelled

                   against the petitioner, this Court is not inclined to grant

                   anticipatory bail to the petitioner.

                                6. Accordingly, this application is dismissed.
          Patna High Court CR. MISC. No.37956 of 2026(2) dt.30-06-2026
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                                 7. The petitioner is directed to surrender and pray for

                    regular bail.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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