Supreme Court: In an application filed by the appellant seeking anticipatory bail in a case registered under Sections 126, 115(2), 109, 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1B)(a), 26, 27 and 35 of the Arms Act, 1959, the Division Judge Bench of M.M Sundresh and Nongmeikapam Kotiswar Singh, JJ., granted anticipatory bail to the appellant after considering the submissions and the fact that a cross case had already been previously registered by the appellant’s mother, in pursuance of a civil land dispute.
In the present case, as per the prosecution, on 02-08-2024, at about 2 am in the night, the appellant including his other family members, arrived at the informant’s house, abused and assaulted the informant and other family members. The appellant also carried firearms, which he used to fire upon the informant and other family members. It was further alleged that the police recovered two live cartridges, one shell of bullets and one fired bullet at the place of occurrence.
The appellant filed an anticipatory bail in High Court, wherein submitted that due to the land dispute, he had been falsely implicated, and the story is fabricated. As per the appellant, the allegation of firing is fabricated as no one sustained any firearm injury, and the informant along with others were already inside the house during the alleged incident. He further submitted that a counter case was lodged by the appellant’s mother against the informant and others for the occurrence which took place prior to filing of FIR. However, the anticipatory bail application was rejected and thus, the present petition is filed.
The Court noted the submissions and that a cross case has been registered by the appellant’s mother, in pursuance of a civil dispute. Accordingly, the Court set aside the
impugned order was set aside and granted anticipatory bail to the appellant.
[Bunty Yadav v. State of Bihar, Criminal Appeal No. 493 of 2026, decided on 27-1-2026]
Advocates who appeared in this case:
For the Petitioner: Devashish Bharuka, Sr. Adv.; Varun Varma, Adv.; Hitesh Kumar Sharma, Adv.; Susmita Singh, Adv.; T. Hari Hara Sudhan, AOR; Prashant Khari, Adv.; Akhileshwar Jha, Adv.; Jatin Malik, Adv.; Sarthak Upadhyaya, Adv.; Manaj Sarkar, Adv; Himali Chaudhari,Adv.; Chandril Chattopadhyay, Adv.
For the Respondent: Pranjal Sharma, Adv.; Samir Ali Khan, AOR; Kashif Irshad Khan, Adv.