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Patna High Court

Photo Yadav @ Bipul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions of personal appearance.

Summary

The petitioner, Photo Yadav (Bipul Kumar), was arrested in connection with a case registered under sections 115(2), 109, 126(2), 303(2), 352 of the Indian Penal Code and section 27 of the Arms Act, alleging assault and firing at an informant. The petitioner contended that the alleged firing that caused injury was attributable to a co‑accused, and that no injury report linked him to the shooting. The State opposed bail on the ground of the petitioner’s prior criminal antecedents, though the petitioner claimed he was already out on bail in those matters. The court noted that charges had been framed, the petitioner had been in custody since 7 June 2025, and there was no injury report against him. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to his personal appearance at each trial date and cooperation with the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the IPC and Arms Act
  • Whether the absence of an injury report against the petitioner justifies bail
  • Whether the petitioner’s criminal antecedents preclude bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • attempt to murder
  • arms act
  • injury report
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74561 of 2025
                       Arising Out of PS. Case No.-296 Year-2024 Thana- MANSI District- Khagaria
                 ======================================================
                 Photo Yadav @ Bipul Kumar S/o Rambilash Yadav R/o Village- Saidpur, P.S.-
                 Mansi, District- Khagaria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Budhilal Yadav, Adv.
                 For the Opposite Party/s :       Mr.Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   13-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Mansi P.S. Case no.296 of 2024

                   registered under sections 115(2), 109, 126(2), 303(2) and 352 of

                   BNS and Section 27 of the Arms Act.

                                3. Allegation in the F.I.R is that petitioner and co-

                   accused Dablu Yadav assaulted the informant and also resorted

                   to firing which hit his stomach and right hand.

                                4. Learned counsel for the petitioner submits that, as

                   per the allegations made in the F.I.R., the specific allegation of

                   firing upon the informant, which hit his stomach, is attributed to

                   co-accused Dablu Yadav. So far as the present petitioner is

                   concerned, it is alleged that he shot one Subin Kumar on his
Patna High Court CR. MISC. No.74561 of 2025(3) dt.13-02-2026
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          right hand. However, as a matter of fact, there is no injury report

          on record and it is submitted that no injury was sustained by the

          said person. This fact is also apparent from the bail rejection

          order passed by the learned court concerned. It is further

          submitted that the occurrence took place on account of some

          dispute between a co-villager and co-accused Dablu Yadav,

          against whom there is a specific allegation of firing which hit

          the stomach of the informant. The petitioner is in custody since

          07.06.2025 and undertakes to cooperate in the case/trial.

                       5. A report with regard to stage of the case suggests

          that charges have been framed on 28.08.2025, which is evident

          from Annexure-2 to the petition.

                       6. The application for bail is opposed by learned

          A.P.P. for the State on the ground that petitioner has several

          criminal antecedents. In response, learned counsel for the

          petitioner submits that petitioner is on bail in the said cases.

                       7. Taking into consideration the aforesaid facts and

          circumstances of the case and further considering that no injury

          has been attributed to the petitioner that the allegation of firing

          is not substantiated by any injury report and charges have been

          framed in the case and he has remained in custody since

          07.06.2025, the petitioner is directed to be enlarged on bail in
            Patna High Court CR. MISC. No.74561 of 2025(3) dt.13-02-2026
                                                        3/3




                      connection with Mansi P.S. Case no.296 of 2024 on furnishing

                      bail bond of        Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Court concerned where the case is pending/successor Court,

                      subject to the condition that the petitioners shall remain

                      physically present in the learned trial Court on each date and

                      shall cooperate in the trial. In case the petitioner is absent on the

                      two consecutive dates without sufficient reasons, the learned

                      trial Court would be at liberty to cancel the bail bonds of the

                      petitioner.


                                                (Soni Shrivastava, J)

Harsh/-
U       T


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