Patna High Court
Sheopujan Prasad @ Sirpujan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and conditions under Section 482(2) of the BNSS.
Summary
Eight petitioners, all residents of Chhaperatar village in Pandarak, Patna, applied for anticipatory bail fearing arrest in a case registered under Sections 191(2), 190, 126(2), 115(2), 117(2) and 351(2) of the Bihar Non‑Compete Statutes, 2023, read with Section 27 of the Arms Act. They claim the FIR is false, arising from a land‑dispute, and that no one was injured by gunfire despite allegations of assault with a rifle butt. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 482(2) of the BNSS, with a condition that the trial court may cancel the bail if the petitioners do not cooperate with the investigation. The order directs the police to be informed through the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the listed sections of the BNS, 2023 and the Arms Act
- Whether the alleged offences are bailable and if the petitioners pose a risk of non‑cooperation or absconding
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- false implication
- land dispute
- Arms Act
- Section 482
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74595 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- PANDARAK District- Patna
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1. Sheopujan Prasad @ Sirpujan Yadav S/o- Late Ramanuj Yadav Vill-
Chhaperatar Raghuni Baghi,P.S-Pandarak, Dist- Patna
2. Bhushan Yadav @ Shashi Bhushan Yadav @ Shashi Bhushan Kumar S/o-
Bharat Yadav @ Bharat Prasad Vill- Chhaperatar Raghuni Baghi,P.S-
Pandarak, Dist- Patna
3. Mukesh Kumar @ Mukesh Yadav S/o- Bhagirath Yadav Vill- Chhaperatar
Raghuni Baghi,P.S-Pandarak, Dist- Patna
4. Pappu Kumar @ Pappu Yadav S/o- Madan Yadav Vill- Chhaperatar Raghuni
Baghi,P.S-Pandarak, Dist- Patna
5. Sarun Kumar @ Lama S/o- Late Suro Yadav Vill- Chhaperatar Raghuni
Baghi,P.S-Pandarak, Dist- Patna
6. Satyendra Yadav @ Satyendra Kumar @ Satendra yadav S/o- Bali Yadav
Vill- Chhaperatar Raghuni Baghi,P.S-Pandarak, Dist- Patna
7. Pankaj Kumar @ Pankaj Yadav S/o- Pali Yadav @ Tagrani Vill- Chhaperatar
Raghuni Baghi,P.S-Pandarak, Dist- Patna
8. Vidya Yadav @ Vidya Prasad Yadav S/o- Late Ram Jee Yadav Vill-
Chhaperatar Raghuni Baghi,P.S-Pandarak, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 28-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The anticipatory bail application of petitioner no. 8
has already been dismissed as withdrawn vide order dated
10.11.2025.
3. The petitioners apprehend their arrest in a case
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registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 117(2) and 351(2) of the BNS, 2023 read
with Section 27 of the Arms Act.
4. Learned counsel for the petitioners submits that
petitioner nos. 1, 3 and 5 have antecedent of two cases,
petitioner nos. 2 and 4 have antecedent of one case and
petitioner no. 6 and 7 are persons with clean antecedent and the
informant alleges that on 30.03.2025 at 11:30 AM, he was
plucking vegetables in his field when accused persons including
the petitioners came and started assaulting him, further
Rajendra, Pankaj, Vidya and Nitish assaulted by butt of rifle,
katta and rod causing fracture of left hand and leg and started
pulling him towards jungle, but was saved by villagers and
taken to hospital.
5. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that on account of dispute
relating to land, the occurrence is alleged to have been
committed. It is also submitted that all sections of BNS are
bailable, but for Section 27 of the Arms Act. It is also submitted
that from perusal of the allegation as alleged in the FIR, it
would manifest that it is not the case of the prosecution that
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anyone was injured by firing. It is next submitted that in order to
give seriousness to the case, false allegation under the arms act
has been alleged. It is next submitted that petitioners will not
abscond rather will cooperate in the investigation to prove their
innocence.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Pandarak
P.S. Case No. 74 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
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liberty to cancel the bail bonds of the petitioners.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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