Patna High Court
Yogi Yadav @ Bijendra Yadav @ Jogi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions specified by the court.
Summary
The petitioner, Yogi Yadav, was charged under several sections of the Bihar Negotiable and Special Act, 2023 and Section 27 of the Arms Act for allegedly participating in a violent incident at an informant's house, during which a pistol was fired but no one was injured. The petitioner claimed innocence, arguing that the evidence was fabricated, there were no injuries, and no independent witnesses supported the prosecution. The State contended that the petitioner is a habitual offender and opposed bail. The court examined the non‑specific nature of the allegations, the absence of any injury, the charge sheet, and the length of the petitioner's custody. Considering these factors, the court granted bail with a bond of Rs. 10,000 and specific conditions, including sureties and attendance requirements.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the alleged offences constitute a non‑bailable offence under the applicable statutes.
- Whether the lack of injury and non‑specific allegations justify the grant of bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- non‑bailable offence
- Arms Act
- habitual offender
- lack of injury
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4365 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- SILAO District- Nalanda
======================================================
Yogi Yadav @ Bijendra Yadav @ Jogi Yadav, Son of Late Shahdeo Yadav,
Resident of Village - Mahanandpur, P.S. - Deepnagar, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Silao P.S. Case No. 259 of 2025, registered for
the alleged offences under Sections 126(2), 115(2), 109(1),
351(3), 352, 324(2), 3(5) of BNS, 2023 and Section 27 of the
Arms Act.
3. As per prosecution case, the petitioner and other co-
accused persons came to the house of the informant and in the
background of earlier dispute hurled abuses. When the
informant resisted, he was slapped and co-accused Manoj Yadav
took out a pistol from his waist and fired at him. The informant
anyhow saved his life and he ran away from there and entered in
his house and locked the door. The petitioner and other co-
Patna High Court CR. MISC. No.4365 of 2026(2) dt.06-02-2026
2/3
accused persons opened indiscriminate firing on the house of
the informant.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. No injury has been caused to any person in the alleged
firing. The alleged recovery of one empty cartridge and two
pellets from the spot is suspicious and appears to be fabrication
on part of the informant. The whole occurrence has been highly
exaggerated by the informant. No independent witness has come
forward to support the prosecution case. Both the parties are
agnates and members of same extended family. The learned
counsel further submits that the petitioner is having antecedent
of eight cases and he has been acquitted in three such cases and
in rest cases, he is on bail. The petitioner is in custody since
14.09.2025 and charge sheet has been submitted.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner. The learned APP submits that the
petitioner appears to be habitual offender.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner and lack
of injury sustained by any victim and further considering the
Patna High Court CR. MISC. No.4365 of 2026(2) dt.06-02-2026
3/3
submission of charge sheet and period of custody of the
petitioner, he is directed to 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 Judicial Magistrate-
1st Class, Biharsharif, Nalanda/court concerned, in connection
with Silao P.S. Case No. 259 of 2025, subject to the conditions
mentioned in Section 480 (3) of BNSS and also the following
conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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