Patna High Court
Pankaj Yadav @ Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.