Patna High Court
Shankar Yadav @ Prabhat Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court rejected the anticipatory bail application.
Summary
The petitioners, six individuals from Korai village, sought anticipatory bail fearing arrest in a case registered under sections of the Bharatiya Nyaya Sanhita and the Arms Act. The FIR was lodged after informant Sushila Devi alleged that the accused fired indiscriminately at her cattle, injuring them. The prosecution’s version was that the accused abused the informant and shot at her livestock. The petitioners claimed innocence, but the State highlighted the criminal antecedents of some accused. The Court examined the material, found the allegation of indiscriminate firing and injury to cattle credible, and concluded that no ground existed to grant bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the FIR and alleged offences
- Whether the material on record establishes a prima facie case justifying denial of bail
- Whether the criminal antecedents of some petitioners affect the bail decision
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- FIR
- animal injury
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74519 of 2025
Arising Out of PS. Case No.-272 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
1. Shankar Yadav @ Prabhat Shankar Kumar Son of Naresh Prasad @ Naresh
Yadav R/o Village - Korai, P.S. - Deepnagar, District - Nalanda.
2. Shambhu Yadav Son of Late Umesh Yadav R/o Village - Korai, P.S. -
Deepnagar, Dist. - Nalanda.
3. Rakesh Kumar Son of Rambaran Yadav @ Rambaran Prasad R/o Village -
Korai, P.S. - Deepnagar, Dist. - Nalanda.
4. Dharmendra Yadav Son of Naresh Prasad @ Naresh Yadav R/o Village -
Korai, P.S. - Deepnagar, Dist. - Nalanda.
5. Deepak Kumar @ Deepak Yadav Son of Naresh Prasad @ Naresh Yadav R/o
Village - Korai, P.S. - Deepnagar, Dist. - Nalanda.
6. Nitish Kumar Son of Rambaran Yadav @ Rambaran Prasad R/o Village -
Korai, P.S. - Deepnagar, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the State : Mrs. Renuka Ratnakar, (APP 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard Mr. Anirudh Kumar Sinha, learned counsel
for the petitioners and learned APP representing the State.
2. The petitioners are apprehending their arrest in
connection with Deepnagar P.S. Case No. 272 of 2025
registered for the offence punishable under Sections 191(2),
191(3), 190, 115(2), 126(2), 303(2), 351(2) and 352 of the
Bharatiya Nyaya Sanhita and section 27 of the Arms Act, lodged
on 26.06.2025 by the informant Sushila Devi.
Patna High Court CR. MISC. No.74519 of 2025(3) dt.20-02-2026
2/2
3. As per the prosecution story, the informant alleged
that her husband is no more and for the livelihood she used to
do agriculture work. As she was feeding her cattle, the accused
persons came and after abuse, resorted to indiscriminate firing.
Next day, she found her cattle in an injured condition and took
them to Animal Hospital for treatment. This led to the F.I.R..
4. Though learned counsel for the petitioners tried to
impress upon this Court regarding their innocence, learned APP
has taken this Court to paragraph no.3 of the petition to show
that some of the petitioners have criminal antecedent.
5. The allegation of indiscriminate firing is there and
the injury of the cattle clearly show the case to be true. Taking
into account the aforesaid facts, no relief can be extended to the
petitioners.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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