Patna High Court
Kumod Kumar Yadav @ Jagga @ Jagga Yadav @ Kumod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Kumod Kumar Yadav was arrested on 29 March 2026 in connection with a land‑dispute incident alleged in FIR dated 16 November 2025, wherein he was accused of assaulting an informant and firing at him, violating several sections of the Bihar National Security Act, 2023 and Section 27 of the Arms Act. The petitioner contended that he has a clean antecedent, the FIR is fabricated, and the injury report shows only a simple blunt‑object injury, not a gunshot wound. He also highlighted that co‑accused persons in the same case had been granted anticipatory bail by a coordinate bench of the same court. The prosecution opposed the bail application. Considering the lack of corroborative injury evidence, the petitioner’s clean record, and the precedent of bail to co‑accused, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions for cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Katihar.
Issues considered
- What is the appropriate decision on the petitioner's bail application in light of the alleged offences and the evidentiary record?
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar National Security Act, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 351(3)
Subjects
- bail
- criminal procedure
- false FIR
- land dispute
- Arms Act
- Bihar National Security Act
- clean antecedent
- anticipatory bail
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44047 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- MANIHARI District- Katihar
======================================================
Kumod Kumar Yadav @ Jagga @ Jagga Yadav @ Kumod Yadav S/O Yamuna
Yadav @ Jabun Yadav R/O Nawabganj, PS- Manihari, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for
the petitioner and Mr. Mohammad Sufyan, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.03.2026 in connection with Manihari P.S. Case No. 284 of
2025, F.I.R. dated 16.11.2025 for the offences punishable under
Sections 191(2) & (3), 190, 126(2), 115(2), 118(1), 109 and
351(2) & (3) of the BNS, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, all the accused
persons including this petitioner have assaulted the informant
and his uncle and aunt over a land dispute where this petitioner
opened fire upon the informant due to which he got injured.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.44047 of 2026(2) dt.07-07-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. It appears from the FIR that
due to admitted land dispute the present occurrence has taken
place. There is case and counter case between the parties. As per
the allegation in the FIR, the petitioner has shot fire upon the
informant due to which he received injury but the injury report
of the informant suggest that the injury is simple in nature
caused by hard and blunt object and the same does not support
the allegation as alleged in the FIR. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. He further submits that similarly situated, co-accused,
namely, Jabun Yadav @ Yamuna Yadav and others have been
granted anticipatory bail by a Co-ordinate Bench of this Court
vide order dated 20.05.2026 passed in Cr. Misc. No. 32719 of
2026. The petitioner is in custody since 29.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, injury report of the
informant does not support the allegation as alleged in the FIR
Patna High Court CR. MISC. No.44047 of 2026(2) dt.07-07-2026
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and similarly situated co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench of this Court, let the
petitioner, above named, 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 the learned CJM, Katihar
in connection with Manihari P.S. Case No. 284 of 2025, subject
to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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
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verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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