Patna High Court

VIKASH KUMAR YADAV @ VIKASH KUMARversusThe State of Bihar

Decided: 12 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Vikash Kumar Yadav was arrested in connection with a shooting incident where an informant was injured, alleged under Section 109 of the Bihar Non‑Original Statutes and Section 27 of the Arms Act. The prosecution’s case is based on eyewitnesses who saw three persons arrive on a motorcycle and one of them fire at the informant, and a confessional statement by the petitioner that admits involvement but, according to his counsel, does not admit that he fired the weapon. The petitioner claims innocence, argues that the confessional statement does not implicate him as the shooter, and points out the lack of any other material evidence and his clean criminal record. He has been in judicial custody since 20‑08‑2025 and seeks regular bail. The State opposed bail, but the High Court, after considering the circumstances, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner despite the charges under Section 109 BNS and Section 27 Arms Act.
Whether the confessional statement made by the petitioner is sufficient grounds to deny bail.

Legislation cited

Arms Act — s. 27

Subjects

regular bail
confessional statement
Arms Act
Section 109 BNS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7743 of 2026
                  Arising Out of PS. Case No.-184 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 VIKASH KUMAR YADAV @ VIKASH KUMAR Son of Nand Bihari
                 Prasad Yadav @ Nandbihari Yadav Resident of Village - Sobaiya, P.S.-
                 Kotwa, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                     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 109 of the

                   BNS and Section 27 of the Arms Act.

                                3. The prosecution case, in brief, is that three persons

                   arrived on a motorcycle at the counter of the informant’s shop,

                   and one of them fired at the informant. The gunshot struck the

                   informant on the left side of his jaw, causing him to fall on the

                   ground due to the injury sustained.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.7743 of 2026(2) dt.12-02-2026
                                            2/3




          FIR was initially lodged against unknown miscreants. During

          the course of investigation, it transpired that the petitioner was

          allegedly seen at the place of occurrence. It is further alleged

          that the petitioner made a confessional statement in which he

          admitted his active involvement in the occurrence and also

          disclosed the involvement of other accused persons. The

          confessional statement also refers to an alleged conspiracy.

                       5. However, learned counsel for the petitioner

          contends that even from the contents of the said confessional

          statement, it is evident that the petitioner was not the person

          who fired at the informant. Apart from the confessional

          statement of the petitioner, there is no material available on

          record against him. Moreover, the petitioner is languishing in

          judicial    custody       since    20.08.2025       having   no   criminal

          antecedent.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Harsidhi P.S. Case No. 184 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two
            Patna High Court CR. MISC. No.7743 of 2026(2) dt.12-02-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, 1st Class, East Champaran, Motihari.




                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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