Patna High Court
Abhay Kumar Yadav @ Tufani Yadav @ Abhay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
- Arms Act — s. 27
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),
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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
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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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