Patna High Court
Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioner, Umesh Yadav, applied for anticipatory bail in a case arising from a 2018 incident where he allegedly fired indiscriminately at an informant, facing charges under IPC sections 326, 34, 307, 341, 279 and Arms Act sections 25(1‑AA) and 27(2). The petitioner is an absconder while co‑accused have been acquitted. The High Court examined whether the seriousness of the offences and the petitioner’s absconding status warranted anticipatory bail. Considering the gravity of the charges and the petitioner’s failure to appear, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within four weeks and to seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of offences under the IPC and Arms Act and his status as an absconder
Legislation cited
- Arms Act — s. 25(1-AA), 27(2)
- Indian Penal Code — s. 279, 307, 326, 34, 341
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- grievous hurt
- attempt to murder
- absconding
- regular bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82332 of 2025
Arising Out of PS. Case No.-35 Year-2018 Thana- BALIYA District- Begusarai
======================================================
Umesh Yadav S/o Kedar Yadav R/o Village - Sadanandpur, P.S - Balia,
District - Begusarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Krishna Prabhat, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application for anticipatory bail arises
out of Baliya P.S. Case No.35 of 2018 for the offence under
sections 326, 34, 307, 341 and 279 of the Indian Penal code and
under sections 25(1-AA) and 27(2) of the Arms Act.
3. The petitioner is accused of firing
indiscriminately upon the informant.
4. The case is of the year 2018. The petitioner
is an absconder as the other accused persons have faced the trial
and have been acquitted.
5. Considering the aforesaid facts, I am not
inclined to grant anticipatory bail to the petitioner. Accordingly,
this bail application is dismissed. The petitioner is directed to
surrender before the Court below without four weeks from
Patna High Court CR. MISC. No.82332 of 2025(6) dt.13-03-2026
2/2
today and pray for regular bail, failing which, the
Superintendent of Police, Begusarai will take all steps for
arresting the petitioner.
6. Let a copy of this order be communicated to
the Superintendent of Police, Begusarai, forthwith through FAX
or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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