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Patna High Court

Umesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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