Patna High Court
Kapil Yadav @ Kapil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that the petitioner is entitled to regular bail.
Summary
Kapil Yadav was arrested in connection with a celebratory firing at a birthday party, alleged under Sections 25, 7 and 27 of the Arms Act and Section 66C of the Information Technology Act. A video showed a co‑accused firing, with the firearm being handed to the petitioner, but no injury occurred and the investigation was completed. The petitioner had been in custody since 12 September 2025 and sought regular bail. The State opposed the bail. Considering the completed investigation, the nature of the allegation, the lack of injury and the petitioner’s custody period, the court granted regular bail on a bond of Rs 20,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the circumstances of the case
- Whether the nature of the offences and the completion of investigation justify granting bail
Legislation cited
- Arms Act — s. 25, 27, 7
- Information Technology Act — s. 66C
Subjects
- regular bail
- Arms Act
- celebratory firing
- investigation completed
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86998 of 2025
Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Kapil Yadav @ Kapil Kumar Yadav S/o- Sildhar Yadav @ Sunder Yadav R/v-
Etwa PS- Goradih Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Najmul Hodda, Adv.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Md. Najmul Hodda, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Goradih P.S. Case No. 248/ 2025 dated 08.09.2025 registered
for the offence(s) punishable under Sections 25, 7 and 27 of the
Arms Act and Section 66(C) of the I.T. Act.
3. The main submissions advanced by the petitioner’s
counsel are that the instant matter relates to the celebratory
firing allegedly made in a birthday party regarding which a
video went viral thereafter the petitioner and seven other
persons were made accused but in the alleged video, co-
accused, Tithlesh Yadav is seen opening fire and during the
course of alleged firing, the firearm was given to the petitioner
Patna High Court CR. MISC. No.86998 of 2025(2) dt.09-01-2026
2/2
and except this, there is no allegation against the petitioner. It is
further submitted that the petitioner has been languishing in jail
since 12.09.2025 and the investigation against him has been
completed and in the alleged occurrence, no one sustained any
injury.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel, averments made in this petition, the
petitioner’s custody period and completion of investigation
against him coupled with the nature of allegation appearing
against the petitioner, this court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail in connection with Goradih P.S. Case No.
248/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.