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Patna High Court

Vipin Kumar @ Vipin YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioners 1, 3, 4 and 6, but denied to petitioners 2 and 5.

Summary

The petitioners, six members of the Yadav family, sought anticipatory bail fearing arrest in a case (Pipra P.S. Case No. 230 of 2025) alleging assault with lathi, danda, iron rod and gunfire, resulting in injuries to an informant and his cousin. The FIR charged them under Sections 191(2), 115(2), 109, 352, 351(2) of the Bihar Negotiable (BNS) and Section 27 of the Arms Act. The petitioners claimed they were falsely implicated due to a land dispute and asserted clean antecedents except for one accused. The State opposed bail, especially for petitioners 2 and 5, citing direct allegations of firing a gun. Justice Malviya granted anticipatory bail to petitioners 1, 3, 4 and 6 subject to bond and surety conditions under Section 482(2) of the CrPC, but denied bail to petitioners 2 and 5 because of the serious firearm allegation.

Issues considered

  • Whether anticipatory bail should be granted to all the accused under the facts and allegations of the case
  • Whether the presence of a direct firearm allegation against certain accused precludes the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • firearms
  • land dispute
  • Section 482 CrPC
  • Bihar Negotiable
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6418 of 2026
                         Arising Out of PS. Case No.-230 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
           1.     Vipin Kumar @ Vipin Yadav, aged about 38 years, Male, Son of Triveni
                  Yadav, Resident of Village - Koshlipatti, Ward No. 11, Police Station - Pipra,
                  District - Supaul.
           2.    Mithilesh Yadav @ Mithlesh Yadav @ Mithilesh Kumar, aged about 30
                 years, Male, Son of Triveni Yadav, Resident of Village - Koshlipatti, Ward
                 No. 11, Police Station - Pipra, District - Supaul.
           3.    Triveni Yadav, aged about 68 years, Male, Son of Late Parmeshwari Yadav,
                 Resident of Village - Koshlipatti, Ward No. 11, Police Station - Pipra,
                 District - Supaul.
           4.    Shiv Yadav @ Shiv Shankar Yadav, aged about 65 years, Male, Son of
                 Manejar Yadav @ Kishun Dyal Yadav, Resident of Village - Koshlipatti,
                 Ward No. 11, Police Station - Pipra, District - Supaul.
           5.    Brahamdev Yadav, aged about 39 years, Male, Son of Shiv Yadav @ Shiv
                 Shankar Yadav, Resident of Village - Koshlipatti, Ward No. 11, Police
                 Station - Pipra, District - Supaul.
           6.    Santosh Yadav @ Santosh Kumar, aged about 32 years, Male, Son of Ravi
                 Yadav, Resident of Village - Koshlipatti, Ward No. 11, Police Station - Pipra,
                 District - Supaul.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun, Advocate
                 For the Opposite Party/s :        Mr. Suman Kumari Singh, APP
                 ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Pipra P.S. Case No. 230 of 2025 instituted for the offences

                   punishable under Sections 191(2), 115(2), 109, 352, 351(2) of

                   the BNS and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.6418 of 2026(3) dt.19-03-2026
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                       3. Allegation against the petitioners is to have

          assaulted by means of lathi, danda, iron rod and also gun shot

          fired upon the informant and his family members, due to which,

          they sustained gun shot injury on the left leg of the informant

          and on the right leg of his cousin.

                       4. Learned counsel for the petitioners submits that

          petitioners have committed no offence and have falsely been

          implicated in this case. He submits that there is land dispute is

          going on between the parties and the instant case is a counter

          blast of Pipra P.S. Case No. 234 of 2025. He next submits that

          the injured Pramod Sharma and Birendra Sutihar have received

          gunshot injuries but the doctor opined injuries are to be simple

          in nature. He lastly submits that petitioner nos. 1 to 3, 5 and 6

          have got clean antecedent as stated in para 3 of the petition but

          petitioner no. 4 has got two criminal antecedents.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that there is

          specific allegation against petitioner nos. 2 and 5, namely,

          Mithilesh Yadav @ Mithlesh Yadav @ Mithilesh Kumar and

          Brahamdev Yadav, for committing the said occurrence.

                       6. From perusal of the FIR, case diary, injury report

          and the impugned order of the learned District and Additional
Patna High Court CR. MISC. No.6418 of 2026(3) dt.19-03-2026
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          Sessions Judge-VIII, Supaul dated 15.12.2025, it appears that on

          the basis of written report of the informant, namely, Pramod

          Sharma, FIR has been registered                     under Sections     191(2),

          115(2), 109, 352, 351(2) of the BNS and Section 27 of the Arms

          Act against the above named petitioners and the                      allegation

          against the petitioners is to have assaulted by means of lathi,

          danda, iron rod and also gun shot fired upon the informant and

          his family members, due to which, they sustained gun shot

          injury. From perusal of the injury report as mentioned in paras-

          45, 46, 47 and 48, it also appears that on the basis of informant-

          cum-injured registered an FIR against 13 co-accused persons. It

          also appears that the specific allegation of assault by fire arm

          upon the informant (Pramod Sharma and cousin namely

          Birendra Sutihar) against petitioner no.2, namely Mithilesh

          Yadav @ Mithlesh Yadav @ Mithilesh Kumar and Petitioner

          No. 5, namely, Brahamdev Yadav The allegation against other

          accused persons assaulted by means of lathi and danda, which

          are said to be simple in nature.

                       7. In view of the aforesaid facts and circumstances of

          the case, let the petitioner nos. 1, 3, 4 and 6, namely, Vipin

          Kumar @ Vipin Yadav, Triveni Yadav, Shiv Yadav @ Shiv

          Shankar Yadav and Santosh Yadav @ Santosh Kumar be
            Patna High Court CR. MISC. No.6418 of 2026(3) dt.19-03-2026
                                                        4/4




                      released on anticipatory bail, in the event of their arrest or

                      surrender before the trial Court within a period of six weeks

                      from today, upon furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) each with two sureties of the like amount each to the

                      satisfaction of the learned Chief Judicial Magistrate, Supaul in

                      connection with Pipra P.S. Case No. 230 of 2025, subject to the

                      conditions as laid down in Section 482(2) of the BNSS.

                                   8. So far as the petitioner nos. 2 and 5, namely

                      Mithilesh Yadav @ Mithlesh Yadav @ Mithilesh Kumar and

                      Brahamdev Yadav are concerned, there is direct allegation of

                      gun shot fire upon the informant and his cousin, hence, I am not

                      inclined to grant anticipatory bail to them.

                                   9. Accordingly, the prayer for anticipatory bail of

                      petitioner nos. 2 and 5, namely Mithilesh Yadav @ Mithlesh

                      Yadav @ Mithilesh Kumar and Brahamdev Yadad is hereby

                      rejected.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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