Patna High Court
Gajendra Yadav @ Gunjo Yadav @ Gujo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to bond, sureties and conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, Gajendra Yadav, Annu Yadav and BPL Yadav, applied for anticipatory bail fearing arrest in connection with a land‑dispute case (Chautham PS Case No. 244 of 2025) alleging offences under Sections 109, 61(2) and 3(5) of the B.N.S.S. and Section 27 of the Arms Act. They contended that the FIR contains no victim, that they were not present at the alleged firing, and that no weapon was recovered, asserting their innocence. The State opposed the bail, arguing the seriousness of the alleged offences. The court noted the petitioners’ prior criminal antecedents but, applying Section 482(2) of the B.N.S.S., 2023, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions for cancellation if undisclosed antecedents or false statements were discovered. The order directed the petitioners to surrender within eight weeks if arrested, thereby securing their liberty pending trial.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged firing under the Arms Act and B.N.S.S. offences.
- Whether the petitioners’ prior criminal antecedents preclude the grant of anticipatory bail.
- Whether Section 482(2) of the B.N.S.S., 2023 authorises the court to impose bail conditions and cancellation provisions.
Legislation cited
- Arms Act, 1959 — s. 27
- B.N.S.S., 2023 — s. 109, 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- criminal antecedents
- land dispute
- firing
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.632 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
1. Gajendra Yadav @ Gunjo Yadav @ Gujo Yadav S/o- Late Anandi Yadav
R/v- Sahorva Ps- Chautham Dist- Khagaria
2. Annu Yadav S/o- Vijo Yadav R/v- Sahorva Ps- Chautham Dist- Khagaria
3. BPL Yadav @ Bipin Yadav s/o- Late Gagdish Yadav R/v- Sahorva Ps-
Chautham Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the State : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard Ld. counsel for the petitioners and Ld. APP for
the State.
2. The petitioners seek anticipatory bail, apprehending
their arrest, in connection with Chautham P.S. Case No. 244 of
2025 dated 01.09.2025, registered for the offences punishable
under Sections 109, 61(2) and 3(5) of BNS and Section 27 of
Arms Act.
3. As per the allegation, on account of land dispute,
there was firing being done by the petitioners and other co-
accused.
4. Learned counsel for the Petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.632 of 2026(2) dt.28-01-2026
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case. He further submits that even as per the F.I.R., there is no
victim due to firing and the allegation of firing is false and
petitioners were not present at the place of alleged occurrence.
He further submits that petitioners have nothing to do with the
alleged offence and nothing has been recovered from the
possession of the petitioners.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated paragraph no.3 of the bail
petition that the petitioner No.1 has four criminal antecedents,
petitioner No.2 has two criminal antecedents and petitioner No.3
has no criminal antecedent.
7. However, Ld. APP for the State vehemently
opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners, above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs.10,000/-(Ten Thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.632 of 2026(2) dt.28-01-2026
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of learned concerned Court Below, in connection with
Chautham P.S. Case No. 244 of 2025, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
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