Patna High Court
Chandra Kishore Kumar Yadav @ Chandra Kishore KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Chandra Kishore Kumar Yadav and Kartik Kumar, were charged under several sections of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act for allegedly firing gunshots and assaulting an informant and his brother during a crop-cutting incident. They have been in custody since May 5, 2026. The petitioners claimed innocence, arguing that the allegations were vague, that a land dispute motivated the complaint, and that they have no prior criminal record. The informant opposed bail, stating that the injuries sustained were grievous. The High Court, after considering the facts, allowed the bail application, directing the petitioners to be released on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the offences alleged under the BNS and Arms Act
- Whether the allegations in the FIR are sufficiently specific to deny bail
- Whether the pending land dispute influences the merit of the criminal charges
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352
Subjects
- bail
- criminal procedure
- firearms
- assault
- Bhartiya Nyaya Sanhita
- Arms Act
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44856 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Chandra Kishore Kumar Yadav @ Chandra Kishore Kumar S/O Late
Upendra Yadav R/O Vill.- Jhakair, Ward no. 16, P.S.- Pipra, Dist.- Supaul
2. Kartik Kumar @ Vivek Kumar S/O Late Upendra Yadav R/O Vill.- Jhakair,
Ward no. 16, P.S.- Pipra, Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad
Mr.Pooja Prasad
Mr. Rishi Sinha
Mr. Manoj Kumar
For the Opposite Party/s : Mr.Anil Kumar
Mr. Mritunjay Kumar
Mr. Karandeep Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
2. The petitioners seek regular bail in connection with
Pipra P.S. Case No. 368 of 2025, dated 15.11.2025, lodged
under Sections 191(2), 126(2), 115(2), 109, 352 & 351(2) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”) and under Section 27 of the Arms Act, pending before
the Court of Chief Judicial Magistrate, Supaul.
3. As per the prosecution, FIR has been lodged against
five named accused persons, including the present petitioners,
alleging that when the informant was getting the crop cut by a
Patna High Court CR. MISC. No.44856 of 2026(2) dt.09-07-2026
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labourer, the petitioner, along with the other named accused
persons and 10 unknown accused persons, arrived and first fired
gunshots, and then abused and assaulted the informant. When
the informant’s brother came to rescue him, the accused persons
also assaulted the informant’s brother along with the informant.
The petitioners are in custody since 5.5.2026.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
further submits that the allegations are general and omnibus in
nature. He also submits that there is a pending land dispute
between the parties, for which a miscellaneous case has also
been lodged, and that the criminal antecedents of the petitioners
are clean.
5. Learned counsel for the informant vehemently
opposes the prayer for bail of the petitioners and submits that
the injury sustained by the informant is grievous in nature.
7. Considering the facts of the case, this application is
allowed.
8. Let the petitioners, 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 concerned Court below in connection with Pipra P.S.
Patna High Court CR. MISC. No.44856 of 2026(2) dt.09-07-2026
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Case No. 368 of 2025.
(Sandeep Kumar, J)
Vikas/-
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