Patna High Court
Vikash Kumar @ Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Vikash Kumar (Vikash Yadav) sought anticipatory bail after being implicated in a case (Kothi PS Case No. 100 of 2022) for alleged possession of a country‑made stand‑gun, pistol and live cartridges, offences punishable under Sections 25(1‑b)a, 26 and 35 of the Arms Act and Sections 16, 17, 18, 19, 20 and 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution’s case is based on a recovery of the weapons from the house of the petitioner’s father, Manan Yadav, who, after being arrested, allegedly shifted blame to his son in a confessional statement. The petitioner argued that no arms were found in his physical possession, he has no criminal antecedent, and the allegation is purely speculative. The State opposed the grant of anticipatory bail. Considering the lack of direct evidence against the petitioner, his clean record, and the father’s confession, the Court inclined to grant anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including a bail bond and sureties, cooperation with investigation, and verification of any concealed antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations under the Arms Act and the Bharatiya Nagarik Suraksha Sanhita.
- Whether the father’s confession and the absence of any weapon recovered from the petitioner’s possession justify the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 16, 17, 18, 19, 20, 38, 482(2)
Subjects
- anticipatory bail
- arms possession
- confession
- father‑son liability
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10157 of 2026
Arising Out of PS. Case No.-100 Year-2022 Thana- KOTHI District- Gaya
======================================================
Vikash Kumar @ Vikash Yadav S/o Manan Yadav @ Madan Yadav Resident
of Village- Manjhigaw, P.S.- Kothi, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Jubair Ansari, Adv
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kothi P.S. Case No. 100 of 2022, registered for the offence
punishable under Sections 25(1-b)a/26/35 of the Arms Act and
16, 17, 18, 19, 20 & 38 of UAP Act.
3. The case of the prosecution, in short, is that there
has been recovery of one countrymade stand-gun, one country-
made pistol and three live cartridges from the house of one
Manan Yadav. It is further alleged that co-accused Manan Yadav
was arrested from his house who confessed that his son namely
Vikash Yadav (the petitioner herein) had kept the alleged arms
and ammunition which was given him by co-accused Nitesh
Yadav.
Patna High Court CR. MISC. No.10157 of 2026(3) dt.01-04-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in the present case on suspicion.
Nothing has been recovered from the conscious physical
possession of the petitioner and the petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. The main allegation is against the father of the
petitioner, Manan Yadav, also a co-accused of keeping a
countrymade stand-gun, one countrymade pistol and three live
cartridges. The house belongs to the father of the petitioner i.e.
co-accused Manan Yadav who has been arrested from the spot
and in his confessional statement, he alleged to have shifted the
blame on his son i.e. the petitioner. However, no recovery has
been made from the conscious physical possession of the
petitioner and the petitioner has no criminal antecedent.
Considering these aspects of the matter, this Court is inclined to
grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.10157 of 2026(3) dt.01-04-2026
3/3
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate, Sherghati, Gaya in connection with Kothi P.S. Case
No. 100 of 2022, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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