Patna High Court
Photo Yadav @ Bipul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act — s. 27
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 352
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
2/3
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
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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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