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Patna High Court

Abhay Kumar Yadav @ Tufani Yadav @ Abhay Kumar SinghversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners 3 and 4 were granted pre‑arrest bail with conditions, while petitioners 1 and 2 were directed to surrender and apply for regular bail.

Summary

The petitioners sought pre‑arrest bail in a case involving alleged firing on an informant and his family over a land dispute. The FIR alleged that petitioners 1 and 2, along with a co‑accused, indiscriminately fired, causing grievous injuries, while petitioner 3 allegedly assaulted the informant's brother with the butt of a gun, and petitioner 4 was said to be part of the mob. The State and the informant opposed bail, emphasizing the seriousness of the injuries and the enmity between the parties. The Court noted a prior order dismissing a regular bail application for petitioners 1 and 2 and directed them to surrender and apply for regular bail before the district court, taking the land‑dispute motive into account. Petitioners 3 and 4 were granted pre‑arrest bail on condition of surrender within four weeks, furnishing a bail bond of Rs 10,000 with two sureties, and subject to verification of their criminal antecedents under Section 482(2) of the Bihar Non‑Serious (BNS) Act. The bail application was consequently disposed.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the BNS Act in view of the alleged offences and the nature of injuries inflicted
  • Whether petitioners 1 and 2 should be directed to surrender and seek regular bail instead of being granted pre‑arrest bail

Legislation cited

Subjects

  • pre‑arrest bail
  • regular bail
  • Section 482
  • land dispute
  • firearms
  • grievous injury
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70672 of 2025
                         Arising Out of PS. Case No.-125 Year-2025 Thana- BADDI District- Rohtas

                 ======================================================
           1.     Abhay Kumar Yadav @ Tufani Yadav @ Abhay Kumar Singh S/O Raj
                 Balam Singh Yadav @ Raj Balam Singh
           2.    Bajarangi Yadav @ Bajrangi Kumar S/O Raj Balam Singh Yadav @ Raj
                 Balam Singh
           3.    Krishna Yadav @ Krishna Kumar @ Krishna Singh S/O Sri Niwas Yadav @
                 Sri Niwas
           4.    Sri Niwas Yadav @ Sri Niwas Singh S/O Bigu Yadav
                 All are resident of village- Khatoliya, P.S.- Baddi, District- Rohtas at
                 Sasaram

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajani Kant Pandey, Advocate
                 For the Opposite Party/s :        Mr.Bharat Bhushan, APP
                 For the informant        :        Mr. Jai Prakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                   ORAL ORDER

4   24-02-2026                  Heard Mr. Rajani Kant Pandey, learned counsel

                   appearing on behalf of the petitioners; Mr. Bharat Bhushan

                   learned APP for the State and Mr. Jai Prakash Singh, learned

                   counsel for the informant.

                                2. The petitioners seek pre-arrest bail in connection

                   with Baddi P.S. Case No. 125 of 2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 118(1),
Patna High Court CR. MISC. No.70672 of 2025(4) dt.24-02-2026
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          117(2), 351(2), 329(4), 303(2) and 3(5) of the BNS and Section

          27 of the Arms Act.

                       3. As per the allegation made in the FIR, the

          petitioners along with other co-accused with an intention to kill

          the informant and his family members started indiscriminate

          firing, in which the informant and his brother/Lalu Yadav

          sustained injuries.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent. There is land

          dispute between the parties. Petitioners and informant are Gotia

          and due to previous enmity, the petitioners have been roped in

          the present case. Petitioners no.1 and 2 have fired upon the

          informant Bhola Singh, who sustained three firearm injuries. In

          respect of petitioners no.3, learned counsel submitted that the

          allegation against him is ornamental in nature and injury

          sustained by the brother of the informant, which is attributable

          to petitioner no.3, is simple in nature. So far petitioner no.4 is

          concerned, he is innocent and no allegation has been alleged

          against him. At best, he can be said to be member of the mob.

          On these grounds, petitioners seek to be released on pre-arrest

          bail.

                       5. Mr. Jai Prakash Singh, learned counsel, has
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          tendered his appearance on behalf of the informant and has

          submitted that the petitioners no.1 and 2 and one co-accused

          Pappu Singh @ Raj Kumar @ Raj Kumar Singh had

          indiscriminately fired upon the informant, as a result of which,

          he sustained three firearm injuries on different parts of the body,

          causing fatal injuries and the doctor has opined that injuries are

          grievous in nature. So far as petitioner no.3 is concerned,

          allegation against him is that he by means of butt of gun

          assaulted upon the head of the brother of the informant, though

          the injury is simple in nature. Petitioner no.4 was also associated

          in the commission of the alleged crime and, as such, petitioners

          don’t deserve to be released on pre-arrest bail.

                       6. Learned APP for the State also vehemently opposed

          the prayer for grant of pre-arrest bail.

                       7. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, I find that there is specific allegation against petitioners

          no.1, 2 and one Pappu Singh @ Raj Kumar @ Raj Kumar

          Singh, whose regular bail application has been dismissed by a

          co-ordinate Bench of this Court vide order dated 07.01.2026

          passed in Cr. Misc. No.69175 of 2025. Considering the nature of

          allegation made against petitioners no.1 and 2, petitioners no.1
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          and 2 are directed to surrender and seek regular bail

          before the learned district court. In that case, the learned

          District Court is directed to consider the bail application of the

          petitioner after giving due consideration of the admitted enmity

          of the petitioners with the informant due to a piece of land.

                       8. So far as petitioners no.3 and 4 are concerned,

          considering the nature of allegation made against them and

          also the fact that injury sustained by the brother of the

          informant, which is attributable to petitioner no.3, is simple

          in nature, petitioners no.3 and 4 are directed to be released

          on pre-arrest bail, in the event of their arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

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

          satisfaction of learned Judicial Magistrate, 1st Class, Sasaram,

          District, Rohtas at Sasaram / Concerned Court in connection

          with Baddi P.S. Case No. 125 of 2025, subject to the conditions

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

                       9. The learned District Court is directed to verify

          the criminal antecedent of the petitioners and if it is found

          that the petitioners are involved in some other cases, as

          what has been stated in paragraph no.3 of the bail
           Patna High Court CR. MISC. No.70672 of 2025(4) dt.24-02-2026
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                     application, this order will automatically lose its force.

                                  10. The present bail application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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