Patna High Court

Foso YadavversusThe State of Bihar

Decided: 24 February 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was granted to petitioner No.1, Foso Yadav, under Section 482(2) of the BNSS.

Summary

Foso Yadav and Chhotu Yadav were accused of aerial firing under several offences of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioners applied for anticipatory bail, and the counsel sought to withdraw the application filed on behalf of Chhotu Yadav. The court allowed the withdrawal, dismissing that application, and considered the remaining application of Foso Yadav, who claimed he was only an order‑giver and that no pellets were recovered. Despite the State’s opposition, the court found the circumstances warranted anticipatory bail and granted it subject to bail bonds and sureties under Section 482(2) of the BNSS. The order partially allowed the petition, granting bail to Foso Yadav and dismissing the other application.

Issues considered

Whether anticipatory bail can be granted to petitioner No.1 under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged aerial firing.
Whether the application filed on behalf of petitioner No.2 can be withdrawn and dismissed.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 190, 191(2), 351, 352, 482(2)

Subjects

anticipatory bail
criminal procedure
firearms
Bharatiya Nyaya Sanhita
Arms Act
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90906 of 2025
                       Arising Out of PS. Case No.-97 Year-2025 Thana- KAJRA District- Lakhisarai
                 ======================================================
           1.     Foso Yadav S/o Late Kamal Yadav R/o Village - Basuhar, P.S. - Kajra,
                  District - Lakhisarai
           2.    Chhotu Yadav S/o Mahendra Yadav R/o Village - Basuhar, P.S. - Kajra,
                 District - Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravish Mishra
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Kajra P.S. Case No. 97 of 2025 registered for offences under

                   Sections 126(2), 115(2), 351, 352, 190 and 191(2) of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioners are

                   accused of firing. The informant alleges that the petitioners,

                   along with five other co-accused persons, reached his house and

                   at the instance of petitioner No. 1, they fired five rounds into the

                   air. The informant opened his window to witness the incident,

                   during which petitioner No. 2 and others fired shots
Patna High Court CR. MISC. No.90906 of 2025(2) dt.24-02-2026
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          at him, though none of the shots hit him. Petitioner no. 1 has one

          criminal antecedent, whereas petitioner no. 2 has three criminal

          antecedents.

                       4. After some arguments, the learned counsel for the

          petitioners seeks permission to withdraw the application filed on

          behalf of the petitioner no. 2.

                       5. Permission, as prayed, is granted.

                       6. Accordingly, the application filed on behalf of the

          petitioner no. 2, Chhotu Yadav is dismissed as withdrawn.

                       7. So far as petitioner No. 1, Foso Yadav, is

          concerned, the learned counsel for the petitioners submits that

          petitioner No. 1 is merely an order giver. He further submits that

          while allegations have been made regarding aerial firing, no

          pellets have been recovered from the place of occurrence.

                       8. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       9. Considering the facts and circumstances of the

          case, the prayer of the petitioner no. 1 for anticipatory bail is

          allowed.

                       10. Accordingly, let the petitioner, 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
            Patna High Court CR. MISC. No.90906 of 2025(2) dt.24-02-2026
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                      bail bonds of Rs.10,000/- (Rupees ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Lakhisarai/concerned Court below in

                      connection with Kajra P.S. Case No. 97 of 2025 subject to the

                      conditions as laid down under Section 482(2) of the BNSS.

                                   11. Accordingly, the application is partly allowed.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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