Patna High Court
Sarwan Yadav @ Sharwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed anticipatory bail to the petitioners.
Summary
Petitioners Sarwan Yadav and Manish Yadav sought anticipatory bail fearing arrest in a case registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The incident involved indiscriminate firing at a tea shop, but no injuries were reported and the petitioners were not named in the FIR, although their names later appeared during investigation. The State opposed the bail, arguing possible involvement in the offences. The court examined whether anticipatory bail could be granted under Section 438(2) of the CrPC and Section 482 of the BNSS, considering the petitioners' claim of innocence and lack of injury. It allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions, while clarifying that this order does not prejudice the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bharatiya Nyaya Sanhita.
- Whether the petitioners' alleged involvement in offences under Sections 109 and 3(5) of the BNSS and Section 27 of the Arms Act justifies denial of bail.
- Whether the fact that the petitioners were not originally named in the FIR but later identified affects the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 438 CrPC
- Section 482 BNSS
- FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82801 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
1. Sarwan Yadav @ Sharwan Kumar son of Nathuni Yadav Resident of
Village- Chatra Police Station -Keoti District -Darbhanga
2. Manish Yadav Son of Birendra Yadav Resident of Village- Chatra Police
Station -Keoti District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the State : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 05-05-2026 Heard the learned counsel for the petitioners; learned
counsel for the State and learned counsel for the informant.
2. The petitioners apprehend arrest in connection with
Sadar P.S. Case No. 218 of 2025 registered for offences under
Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. Allegedly, on the fateful day, while the informant,
who is said to be an employee at the bus stand, was sitting in a
tea shop, 5–6 persons arrived at 2–3 motorcycles and started
firing indiscriminately. However, the informant somehow
managed to save himself. The informant also recognized two of
the assailants, who were identified as Vishal Yadav and Vikky
Patna High Court CR. MISC. No.82801 of 2025(4) dt.05-05-2026
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Yadav.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioners are not named in
the FIR; however, during the course of the investigation, the
name of the petitioners have come. It is also an admitted fact
that no one sustained any injury in the incident.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, 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 learned
Chief Judicial Magistrate, Darbhanga/ concerned Court below in
connection with Sadar P.S. Case No. 218 of 2025 subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
Patna High Court CR. MISC. No.82801 of 2025(4) dt.05-05-2026
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application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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