Patna High Court
Yogi Kumar @ Yogi PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Yogi Kumar, was arrested in connection with a case (PS No. 981 of 2025) alleging possession of a country‑made pistol and live cartridge, and charged under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that he was falsely implicated, had no prior criminal record, and that the charge‑sheet had already been filed. The State opposed his bail, citing the seriousness of the offences. The Court noted that co‑accused persons in similar circumstances had already been granted regular bail, the petitioner had been in custody since 12‑09‑2025, and there was no likelihood of evidence tampering or absconding. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita and Arms Act provisions.
- Whether the nature of the offences and the risk of tampering with evidence or absconding justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita — s. 310(4), 310(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- attempt to murder
- possession of illegal firearm
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.407 of 2026
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
======================================================
Yogi Kumar @ Yogi Prasad Son of Mahendra Prasad Resident of Village-
Murgiyachak, P.S.- Hilsa, District- Nalanda (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Section 310(4), 310(5) of the
Bharatiya Nyaya Sanhita and Sections 25(1-B)(a), 26 and 35 of
the Arms Act.
3. As per allegation, one country made pistol along
with one live cartridge was recovered from the possession of the
petitioner. From other co-accused persons, also country made
pistols and live cartridges were recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that the charge-sheet has
already been submitted after completion of investigation.
Similarly situated co-accused persons, namely, Kumar Amarjeet
Yadav @ Amarjeet Yadav @ Chhote @ Chhotu Yadav, Rahul
Kumar and Sumit Kumar @ Kallu @ R.D.S. have already been
Patna High Court CR. MISC. No.407 of 2026(3) dt.20-02-2026
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granted regular bail by a Co-ordinate Bench of this Court vide
order dated 22.01.2026 passed in Cr. Misc. No. 1951 of 2026
along with tagged cases, Cr. Misc. No. 3230 of 2026 & Cr.
Misc. No. 3635 of 2026. Petitioner is in custody since
12.09.2025 having no criminal antecedent and he undertakes to
co-operate in the trial. There is no chance of tampering with the
evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has already been
submitted, similarly situated co-accused persons have been
granted bail, period of custody and clean antecedent, let the
above named petitioner be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Danapur, Patna in connection with
Danapur P.S. Case No. 981 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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