Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13756 of 2026 Arising Out of PS. Case No.-37 Year-2025 Thana- NAYA RAM NAGAR District- Munger ====================================================== Santosh Yadav @ Santosh Kumar Yadav S/O Rajendra Yadav @ Rajendra Prasad Yadav R/O Village- Bhagichak, P.S- Nayaram Nagar, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Kumar, Advocate.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Nayaram Nagar P.S. Case No. 37 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 109, 329(4), 303(2), 352 of the B.N.S., 2023 and Section 27 of the Arms Act. 3.The case of the prosecution, in short, is that there was dispute between the petitioner and his neighbor, and in that dispute, stone pelting was done. It is alleged that the petitioner has fired and the gunshot hit one Kundan Mandal.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that during the course of the investigation,
Patna High Court CR. MISC. No.13756 of 2026(4) dt.14-05-2026 2/3 Kundan Mandal has given his statement, which has been recorded by the police as fardbeyan. According to his statement, at 10:00AM, while he was passing through the place of occurrence, he saw that stone pelting was being done by both sides, and meanwhile, the petitioner made a firing that hit him. He further submits that according to the FIR, the time of occurrence is 08:00 AM, whereas according to the victim of this case, he received a gunshot at 10:00 AM. He further submits that from perusal of the statement of the victim, it is clear that the petitioner has not aimed him, rather the gunshot, which was fired by him, hit the victim as he was passing through that way.
He also submits that from perusal of the injury report, it is clear that it is from a private hospital, and from perusal of the injury report, it is clear that the doctor has found fracture of ribs and has opined the nature of the injury to be grievous. Be it as may be, as the intention of the petitioner was not to shot the victim. Moreover, the petitioner is languishing in judicial custody since 03.01.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of nine cases.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.13756 of 2026(4) dt.14-05-2026 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Munger in connection with Nayaram Nagar P.S. Case No. 37 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T