Patna High Court
Niraj Kumar @ Niraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners, subject to strict conditions.
Summary
The petitioners, four members of the Yadav family, sought anticipatory bail fearing arrest in a criminal case (Jamui P.S. Case No. 277 of 2025) involving offences under sections 126(2), 115(2), 352, 351(2), 118(1), 109 of the Bihar Negotiable Substances Act and section 27 of the Arms Act. The informant alleged that the petitioners surrounded his son on a scooter, opened fire, and then assaulted him with the butt of a pistol, causing a simple injury. The petitioners contended that the injury was minor and that the charge of assault with the pistol butt was not specific to each of them. The State opposed the bail, maintaining that the assault allegation applied to all petitioners. Considering the minor nature of the injury and the submissions, the Court granted anticipatory bail with a set of stringent conditions, including bond, sureties, regular appearances before the trial court and police, and non‑interference with witnesses. The order directs that bail be released upon arrest or surrender within four weeks, subject to compliance with the conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious charges under the Bihar Negotiable Substances Act and the Arms Act.
- Whether the nature of the alleged injury (simple) justifies the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- criminal procedure
- assault
- arms act
- simple injury
- bail conditions
- pre‑arrest relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6710 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- JAMUI District- Jamui
======================================================
1. Niraj Kumar @ Niraj Yadav S/o Hiraman Yadav @ Hira Yadav R/o Village -
Maniyadda, P.S - Jamui, District - Jamui
2. Pappu Kumar @ Pappu Yadav S/o Hiraman Yadav @ Hira Yadav R/o
Village - Maniyadda, P.S - Jamui, District - Jamui
3. Manoj Kumar Yadav @ Manoj Yadav S/o Hiraman Yadav @ Hira Yadav R/o
Village - Maniyadda, P.S - Jamui, District - Jamui
4. Hiraman Yadav @ Hira Yadav S/o Yamuna Yadav R/o Village - Maniyadda,
P.S - Jamui, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Jamui P.S. Case No. 277 of 2025 for the
offence under sections 126(2), 115(2), 352, 351(2), 118(1) and
109 of the BNS and section 27 of the Arms Act lodged on
20.05.2025 by the informant, Neeraj Kumar Singh.
3. As per the prosecution story, the informant alleged
that as his son was moving on scooty, the accused persons
surrounded him and firstly, opened fire, and later, from the butt
of pistol, assaulted causing injury. This led to the FIR.
Patna High Court CR. MISC. No.6710 of 2026(3) dt.01-04-2026
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4. Learned counsel for the petitioners submit that
assault by butt of pistol is there but it has been alleged against
all the accused persons including the petitioners and the injury
has been found to be simple in nature.
5. Learned APP opposes the prayer submitting that
allegation of assault is there against all the petitioners.
6. Taking into account the submissions of the parties
as also the injury which has been found to be simple in nature,
in that background, this Court is inclined to extend them the
privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Jamui in
connection with Jamui P.S. Case No. 277 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.6710 of 2026(3) dt.01-04-2026
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every month for six months to mark their
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(vi) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(Rajiv Roy, J)
Adnan/-
U T
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