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Patna High Court

Kumod Kumar Yadav @ Jagga @ Jagga Yadav @ Kumod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
            Patna High Court CR. MISC. No.44047 of 2026(2) dt.07-07-2026
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                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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