Patna High Court
Kshatri YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners with specified conditions.
Summary
Kshatri Yadav and Vikas Yadav were arrested in connection with a case where they allegedly stopped a farmer at gunpoint, abused him and fired upon him, causing a leg injury. The FIR listed offences under several sections of the Indian Penal Code and Section 27 of the Arms Act. The petitioners applied for bail, arguing that the injury was not to a vital part and there was no intention to kill. The State opposed bail, noting the petitioners' involvement in three other cases, though they were on bail in those matters. The Court, after considering the facts, granted bail to each petitioner on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused under the serious offences alleged in the FIR
- Whether the existence of other pending cases and the nature of the injury affect the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 115(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- violent offence
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3840 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- HARINMAR District- Munger
======================================================
1. Kshatri Yadav Son of Late Guno Yadav @ Gulo Yadav
2. Vikas Yadav Son of Rajender Yadav
Both Resident of Village - Goraiya Bathan, P.S.- Gogari Jamalpur, District -
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indu Bhushan, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr.Indu Bhushan, learned counsel for the
petitioners and Mr.Md. Fahimuddin, learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
18.11.2025 in connection with Harinmar P.S. Case No. 26 of
2025, F.I.R. dated 13.07.2025 registered for the offence
punishable under Sections 191(2), 191(3), 190, 109, 303(2),
115(2), 352, 351(2) of BNS and Section 27 of Arms Act.
3. Allegation against the petitioners is that when the
informant’s son went to plough his field all the accused persons
suddenly came with weapons and country made pistol and
stopped him to plough his field at gunpoint and abused him.
Patna High Court CR. MISC. No.3840 of 2026(2) dt.27-01-2026
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When the victim forbade him to so then they fired upon the
victim.
4. Learned counsel appearing for the petitioners
submits that the petitioners are named in the FIR. It appears
from the FIR that the allegation against petitioner No.1 is that he
has given the order to petitioner No.2, namely, Vikash Yadav
and he has fired upon the victim and victim has received the
firearm injury. Learned counsel for the petitioners submits that
although the victim has received the injury but the same is not
on the vital part of the body of the victim rather he has received
the injury on his leg. Learned counsel for the petitioners submits
that it appears from the aforesaid that there is no intention of
petitioner No.2 to kill the victim and the petitioners are in
custody since 18.11.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners and submits that
the petitioner carries three more cases other than the present one
but fairly submits that the petitioners are on bail in these cases,
as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
Patna High Court CR. MISC. No.3840 of 2026(2) dt.27-01-2026
3/3
amount each to the satisfaction of learned J.M.-1st Class-cum-
Additional Munsif-7, Munger in connection with Harinmar P.S.
Case No. 26 of 2025, with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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