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Patna High Court

Nepu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Section 480 of the B.N.S. does not bar the grant of bail in this case, and the petitioner is entitled to bail given the circumstances.

Summary

The petitioner, Nepu Yadav, was charged under several sections of the B.N.S. and Section 27 of the Arms Act for allegedly entering the informant's house armed, firing shots, and threatening the informant's son. He sought bail, arguing that the FIR was lodged two days after the alleged incident, no injuries were reported, and the allegations were vague, while also highlighting his age (65) and the pending land dispute. The State opposed bail, contending that the petitioner is a habitual offender with four prior convictions and that Section 480 of the B.N.S. bars bail for such offenders. The Court examined the statutory scope of Section 480, noting it does not apply to High Courts or Sessions Courts, and observed the lack of concrete injury and the delay in FIR filing. Considering the petitioner’s age, custody duration, the charge sheet already filed, and the fact that co‑accused had obtained anticipatory bail, the Court granted bail on condition of a bond and sureties.

Issues considered

  • Whether Section 480 of the B.N.S. precludes the grant of bail to a habitual offender.
  • Whether the two‑day delay in lodging the FIR justifies bail.
  • Whether the absence of any injury despite alleged indiscriminate firing affects bail eligibility.
  • Whether the grant of anticipatory bail to co‑accused influences the petitioner's bail application.

Legislation cited

Subjects

  • bail
  • Section 480
  • habitual offender
  • FIR delay
  • Arms Act
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77217 of 2025
                     Arising Out of PS. Case No.-277 Year-2024 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Nepu Yadav S/O Late Uttam Yadav R/O Village- Ariari@ Ariyari, P.S.-
                 Ariari@ Ariyari, District -Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Anand, Advocate
                                          :       Mr. Roop Kishan, Advocate
                 For the State            :       Mr. Harendra Prasad, APP
                 For the Informant        :       Mr. Prince Kumar Mishra, Advocate
                                          :       Ms. Priyanka Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   23-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                     2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 126(2), 115, 352, 351

                   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 forcibly entered into the house

                   of the informant armed with rifles and sticks, fired shots with

                   intention to kill, and pelted bricks and stones. It is further

                   alleged that they have threatened to kill the informant’s son if

                   the case is not withdrawn.

                                     4. Learned counsel for the petitioner submits that

                   there is a delay of two days in lodging the F.I.R., inasmuch as,

                   the occurrence is said to have taken place 20.12.2024 and the
Patna High Court CR. MISC. No.77217 of 2025(5) dt.23-02-2026
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          F.I.R. was lodged on 22.12.2024, for which no explanation has

          been tendered by the prosecution. It is further submitted that

          inspite of the allegation that there was indiscriminate firing,

          neither the informant nor his son or any other inmate of the

          house has sustained any injury. Further, the informant and his

          family members are of criminal background and already 8 to

          10 criminal cases have been registered against them and there

          is a possibility of the incident being the handiwork of any rival

          faction and the name of the petitioner has been arrayed as an

          accused along with others for settling scores. As a matter of

          fact, the petitioner works as a labour and both parties belong to

          the same village and there is land dispute pending between

          them. The petitioner is in custody since 26.07.2025.

                         5. Learned APP for the State and learned counsel

          for the informant have vehemently opposed the grant of bail on

          the ground that the petitioner is a habitual offender and has four

          criminal antecedents. Learned counsel for the informant has

          further contended by way of his counter affidavit that since the

          petitioner is already a convicted accused, Section 480 of the

          B.N.S.S. would create an impediment to grant bail to such

          accused provided the Court is satisfied of to do so on account

          of any other special reason.
Patna High Court CR. MISC. No.77217 of 2025(5) dt.23-02-2026
                                            3/4




                         6. Upon hearing the rival contentions, this Court

          would first clarify the legal position which is apparent from the

          statute itself that Section 480 of the B.N.S.S. excludes from its

          purview, the High Court and the Court of sessions and as such,

          the bar created by the said provision, which is not in the form

          of an absolute restraint, will not get attracted for the purpose of

          present consideration of bail.

                         7. This Court, after having cursorily gone through

          the records of the case, including the case diary, finds that the

          present case is not one under Section 109 of the B.N.S. and the

          allegations against the petitioner are general and omnibus in

          nature. Further, as against allegation of indiscriminate firing

          resorted to by petitioner and other, not a single person/inmate

          of the house has sustained any injury and a single empty

          cartridge has been seized from the place of occurrence and that

          too was produced by the informant himself.

                       8. Taking into consideration the above-mentioned

          facts and circumstances and further considering the fact that the

          petitioner is a 65 years old man, who is in custody since

          26.07.2025 with charge-sheet having been submitted and

          cognizance taken, other accused persons enjoying the privilege of

          anticipatory bail, delay caused in lodging F.I.R., coupled with no

          further progress made in the case, let the above named petitioner,
            Patna High Court CR. MISC. No.77217 of 2025(5) dt.23-02-2026
                                                        4/4




                      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   A.C.J.M.-II,

                      Sheikhpura/concerned Court below in connection with Ariari @

                      Ariyari P.S. Case No. 277 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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