Patna High Court

Sanjeev Yadav @ Sanjit KumarversusThe State of Bihar

Decided: 30 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2).

Summary

The petitioner, Sanjeev Yadav, sought anticipatory bail fearing arrest in a case alleging offences under several sections of the B.N.S. and Section 27 of the Arms Act, where the prosecution alleged that the accused, including the petitioner, assaulted an informant and opened fire, injuring three persons. The victims' statements identified other co‑accused, Chandan Kumar and Nitish Kumar, as the shooters and did not name the petitioner. The petitioner’s counsel argued his innocence, lack of any injury report against him, and clean antecedents, while the State opposed the bail. The court, considering the general nature of the accusations, the absence of direct evidence linking the petitioner, and his clean record, granted anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2). The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious nature of the charges.
Whether the lack of direct evidence linking the petitioner to the alleged firing warrants bail.
Whether conditions under Section 482(2) of the B.N.S.S. are applicable to the grant of anticipatory bail.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
criminal procedure
arms act
assault
bail conditions
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5161 of 2026
                      Arising Out of PS. Case No.-372 Year-2025 Thana- DHANARUA District- Patna
                 ======================================================
                 Sanjeev Yadav @ Sanjit Kumar S/o- Late Yogendra Yadav Resident of
                 Village- Punaichak, P.S.- Dhanarua, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Premchandra Yadav, Advocate
                 For the State           :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 190,

                   191(2), 191(3), 126(2), 115(2), 109(1), 351(2) and 352 of

                   B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, all the F.I.R. named

                   accused persons, including this petitioner, who were variously

                   armed, abused and assaulted the informant and his family

                   members. It is further alleged that the accused persons took out

                   pistol and opened fire due to which three persons sustained gun

                   shot injuries.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.5161 of 2026(3) dt.30-03-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. There is no injury report on record to

          substantiate the allegations levelled against this petitioner.

          During investigation, the statement of the injured victims were

          recorded and they named co-accused Chandan Kumar and

          Nitish Kumar as the persons who opened fire on them. The

          injured victims have not named this petitioner for causing any

          injury or for being involved in the alleged occurrence. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during investigation and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.5161 of 2026(3) dt.30-03-2026
                                                         3/3




                       each to the satisfaction of learned I/C S.D.M., Masaurhi, Patna

                       in connection with Dhanarua P.S. Case No. 372 of 2025, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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