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Patna High Court

Tuntun YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court declined to grant regular bail to the petitioner.

Summary

The petitioner, Tuntun Yadav, sought regular bail in a case involving multiple serious offences under the B.N.S. and the Arms Act. The prosecution alleged that Yadav and two others assaulted the informant's son with a knife, causing grievous injuries, and that one co-accused was seized with a country-made pistol. The petitioner argued that only two of the three accused were involved in the knife assault and highlighted the nature of the injuries. The State opposed the bail, emphasizing the gravity of the charges and the presence of a firearm. After considering the facts, the court refused to grant bail, allowing the petitioner to reapply after six months if the trial remains pending.

Issues considered

  • Whether regular bail should be granted to an accused facing offences under sections 126(2), 115(2), 118(1), 109(1), 352, 3(5) of the B.N.S. and sections 25(1-B)(a), 26 of the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-B)(a), 26
  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352

Subjects

  • regular bail
  • serious offences
  • assault with knife
  • possession of illegal firearm
  • grievous injury
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88429 of 2025
                  Arising Out of PS. Case No.-426 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Tuntun Yadav S/o Late Naresh Yadav @ Late Nuresh Yadav R/o Village - Ray
                 Karariya, P.S - Paharpur, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 118(1), 109(1), 352, 3(5) of the B.N.S. and Sections

                   25(1-B)(a), 26 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with two others assaulted the son of the

                   informant with knife indiscriminately.

                                4. Learned counsel for the petitioner has submitted

                   that out of three accused persons, one Sonalal Yadav was

                   apprehended with a country-made pistol which is apparent from

                   the FIR and from perusal of the injury report annexed at

                   Annexure-P/2, it is clear that the son of informant namely,
             Patna High Court CR. MISC. No.88429 of 2025(3) dt.26-02-2026
                                                         2/2




                       Himanshu Kumar has received two stabs wound on left side of

                       upper back measuring 2” x 1 ½” and Second on the right side of

                       the upper back size 2” x 1” x 1” . The doctor has opined that

                       both the injuries are grievous in nature. Learned counsel for the

                       petitioner has further submitted that in this case, there are

                       altogether three accused persons, one of them was apprehended

                       with country-made pistol and there is allegation against these

                       two persons that they have assaulted with knife.

                                    6. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    7. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       not inclined to enlarge the petitioner on bail at this stage.

                       However, the petitioner will be at liberty to renew his prayer for

                       bail after six months , if the trial is not concluded.

                                    8. Accordingly, the prayer for regular bail of the

                       petitioner is hereby rejected.



                                                      (Ashok Kumar Pandey, J)
Abhishek/-

U      T


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