Patna High Court
Bhupendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court was not inclined to grant it given the direct allegations against the petitioner.
Summary
The petitioner, Bhupendra Yadav, filed an anticipatory bail application fearing arrest in connection with PS Triveniganj Case No. 294 of 2025, which alleged that he and co‑accused fired upon a victim, causing firearm injury. The charges were framed under Sections 126(2), 115(2), 352, 351(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The court examined the seriousness of the allegations and the direct involvement of the petitioner. Finding the allegations to be direct and serious, the court was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the charges under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- firearms injury
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83205 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Bhupendra Yadav Son of Late Ramji Yadav R/o Karnpatti, Ward no. 13, P.S. -
Triveniganj, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat, Advocate
For the State : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Triveniganj P.S. Case No. 294 of 2025 instituted under
Sections 126(2), 115(2), 352, 351(2), 109(1), 303(2) and 3(5)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms
Act.
3. The petitioner and co-accused are said to have
fired upon the victim causing fire arm injury.
4. Considering the direct allegation against the
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
5. Accordingly, the application stands dismissed.
6. The petitioner is directed to surrender within four
Patna High Court CR. MISC. No.83205 of 2025(5) dt.13-03-2026
2/2
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Supaul will take all steps for arrest of
the petitioner.
7. Let a copy of this order be communicated to the
Superintendent Police, Supaul through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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