Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application was dismissed as the case was not fit for such relief.
Summary
Vijay Yadav applied for anticipatory bail fearing arrest in a case where he is alleged to have shot at an informant under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleges that the petitioner fired a gun causing injury to the informant. The petitioner contended that he did not fire and that the victim was moving with a pistol when he was injured, a claim the court found unsupported by the investigation. The court held that the allegations amounted to a shooting causing injury and therefore did not merit anticipatory bail. Consequently, the application was dismissed, and the petitioner was ordered to surrender within two weeks and seek regular bail, failing which he would be arrested.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the allegations of shooting and causing injury under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 3(5)
Subjects
- anticipatory bail
- shooting
- firearms
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88339 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Vijay Yadav S/o Rameshwar Yadav Resident of Village- Manjhauli, P.S.-
Fatehpur, District- Gaya Jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brijmohan Das, Advocate
For the State : Dr. Indiwar Kumari, APP
For the O.P. : Mr. A. K. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with Fatehpur P.S. Case No. 74 of 2025 instituted under
Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said
to have shot at the informant.
4. Learned counsel for the petitioner submits that the
petitioner has not fired at the victim but the victim was moving
around with a pistol and he has got himself injured. This
material has not come during investigation which is apparent
from the impugned order.
Patna High Court CR. MISC. No.88339 of 2025(2) dt.15-01-2026
2/2
5. From the allegations levelled against the
petitioner, it appears that the petitioner has shot at the injured
causing gun shot injury.
6. This is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Gaya Jee will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya Jee through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U
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