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Patna High Court

Pankaj Yadav @ Pankaj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application for anticipatory bail, granting it subject to bond and surety conditions.

Summary

Petitioner Pankaj Yadav sought anticipatory bail fearing arrest in a case (Sadar P.S. Case No. 218 of 2025) involving alleged firing at a tea shop, with offences under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The informant identified two other individuals, and the petitioner asserted he was not named in the FIR and that no one was injured, claiming innocence. The State opposed the bail application. The Court examined the facts, the lack of direct evidence against the petitioner, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and imposed conditions under Section 482(2) of the BNSS. The order directs release upon arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and Arms Act offences.
  • Whether the petitioner’s alleged non‑inclusion in the FIR and lack of injury justify bail.
  • Applicability of Section 482(2) of the BNSS in imposing bail conditions.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 482
  • bail conditions
  • FIR
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3924 of 2026
                    Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Pankaj Yadav @ Pankaj Kumar Yadav S/O Bhushan Yadav Resident of
                 Village- Kakarghati, Police Station- Sadar, District- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Hansraj, Advocate
                                                Mr. Nilendu Kumar Choudhary
                 For the Opposite Party/s :     Mr. Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                   Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Sadar P.S. Case No. 218 of 2025 registered for offences under

                   Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                                3. Allegedly, on the fateful day, while the informant,

                   who is said to be an employee at the bus stand, was sitting in a

                   tea shop, 5–6 persons arrived at 2–3 motorcycles and started

                   firing indiscriminately. However, the informant somehow

                   managed to save himself. The informant also recognized two of

                   the assailants, who were identified as Vishal Yadav and Vikky

                   Yadav.
            Patna High Court CR. MISC. No.3924 of 2026(2) dt.24-02-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that

                      petitioner is quite innocent and has not committed any offence.

                      He further submits that the petitioner is not named in the FIR;

                      however, during the course of the investigation, the name of the

                      petitioner has come. It is also an admitted fact that no one

                      sustained any injury in the incident.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Sadar P.S. Case No. 218 of 2025 subject to the conditions as laid

                      down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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