Patna High Court
Arvind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, finding the circumstances warranted release on bond.
Summary
Arvind Kumar Yadav was charged under Sections 109, 118(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing on an informant, causing a simple thigh wound. The petitioner contended that he was falsely implicated in a gang rivalry incident and that no prosecution witness had been examined even after seven months of custody. The State opposed bail, citing the specific allegation of firing and the petitioner’s antecedents, though noting he was on bail in other cases. The Court observed that the injury attributed to the petitioner was minor, no witnesses had been produced, and the petitioner had been detained for an extended period without trial progress. Accordingly, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions of a relative as bailor and mandatory court attendance.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the alleged offence under the B.N.S. and Arms Act
- Whether the prolonged pre‑trial detention without examination of witnesses warrants bail
Legislation cited
Subjects
- bail
- pre‑trial detention
- Arms Act
- B.N.S.
- false implication
- gang rivalry
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75037 of 2025
Arising Out of PS. Case No.-324 Year-2024 Thana- JAYNAGAR District- Madhubani
======================================================
Arvind Kumar Yadav S/o Devnarayan Yadav R/o Village- Chhaparadhi, P.S.-
Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 109, 118(1) and 3(5) of
the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along
with other co-accused persons are said to have fired upon the
informant. The petitioner is alleged to have fired upon the
informant, which hit below his waist.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case
along with other accused persons, although the present incident
is a fall out of gang rivalry between two factions and the
injured also is a man of criminal background. It is further
submitted that the allegation has been made upon the petitioner
Patna High Court CR. MISC. No.75037 of 2025(3) dt.24-02-2026
2/3
that he fired at the injured below his waist and the injury report
indicates that there is one lacerated entry wound on the left
thigh, which is simple in nature. The other injuries on the left
forearm has not been attributed to this petitioner. The petitioner
is in custody since 02.04.2025 and the charges were framed on
22.07.2025. However, even after lapse of more than seven
months, not a single witness has been produced on behalf of
the prosecution, as such, there is no likelihood of earlier
conclusion of the trial.
5. Learned APP for the State opposed the grant of
bail on the ground that there is specific allegation upon the
petitioner of opening fire and he has several antecedents,
however, in response it is submitted that the petitioner is on
bail in all the cases.
6. Taking into consideration the facts and
circumstances and considering the fact that injuries attributed
to the petitioner is simple in nature, coupled with the fact that
despite framing of charge no witness has been examined and
the petitioner has remained in custody for long, let the above
named petitioner, be released on bail 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 Chief
Patna High Court CR. MISC. No.75037 of 2025(3) dt.24-02-2026
3/3
Judicial Magistrate, Madhubani/concerned Court below in
connection with Jaynagar P.S. Case No. 324 of 2024 subject to
condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioner shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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