Patna High Court
Bauna Yadav @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Bauna Yadav, was arrested in connection with a land dispute in which he allegedly shot the informant, causing a leg injury. He faced charges under Sections 109 and 127(1) of the Bihar Narcotic Substances (B.N.S.) Act, 2023 and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated, had no intention to cause death, and possessed a clean antecedent, while the informant asserted a specific allegation of the petitioner firing at him. The court, noting the doubtful nature of the allegation, the petitioner’s custody period since June 2025, and the submission of a chargesheet, decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety and appearance requirements.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 109 and 127(1) of the B.N.S. Act, 2023 and Section 27 of the Arms Act given the nature of the allegations.
- Whether the doubtful nature of the allegation, period of custody, and clean antecedent justify bail.
- Applicability of Section 480(3) of the B.N.S.S. in imposing bail conditions.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 127(1), 480(3)
Subjects
- bail
- criminal procedure
- Arms Act
- Section 109
- Section 127(1)
- Section 27
- land dispute
- doubtful allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72616 of 2025
Arising Out of PS. Case No.-394 Year-2024 Thana- BACHHWARA District- Begusarai
======================================================
Bauna Yadav @ Rajesh Kumar S/o- Naresh Yadav, R/o- Chamtha Namber
Ward No- 03, PS- Bachhwara, District- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashank Shekhar, Advocate
For the State : Mr. Anil Kumar, APP
For the Informant : Ms. Usha Kumari Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bachhwara P.S. Case No. 394 of 2024 dated
22.11.2024, registered for the offences punishable under
Sections 109 and 127(1) of the B.N.S., 2023 and Section 27 of
the Arms Act.
3. As per the prosecution case, the petitioner, in the
background of some land dispute, shot at the informant by close
range and the shot hit the informant on his left leg, just above
the knee.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. There was no intention to cause death and this
Patna High Court CR. MISC. No.72616 of 2025(3) dt.06-01-2026
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fact is apparent from the FIR. The true fact of the case is that the
informant received gun shot injury when he was attempting to
snatch the fire-arm from one Vikash Ray and aunt of this
petitioner has lodged Bachhwara P.S. Case No. 398 of 2024,
wherein this fact has been mentioned. The informant and Vikash
Ray are accused in the said case. Learned counsel next submits
that petitioner is having clean antecedent and chargesheet has
been submitted. Learned counsel lastly submits that petitioner is
in custody since 20.06.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that there is specific allegation against
this petitioner that he fired upon the informant.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case of the parties and doubtful nature of
allegation and also considering the period of custody of the
petitioner and submission of chargesheet, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.72616 of 2025(3) dt.06-01-2026
3/3
Chief Judicial Magistrate, Begusarai / concerned Court, in
connection with Bachhwara P.S. Case No. 394 of 2024, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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