Patna High Court
Vinod Yadav @ Vinod Kumar Yadav @ Binod Yadaw @ Binod Kumar YadawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a cash bond, two sureties and conditions of personal appearance.
Summary
Vinod Yadav was arrested for offences under Sections 126(2), 115(2), 109(1), 309(4) of the B.N.S and Section 27 of the Arms Act after a confessional statement led to the recovery of a pistol and live cartridges from his possession. The FIR originally named three unknown persons; Yadav’s name was added later. He had withdrawn an earlier bail application but sought bail again after charge‑framing on 13‑01‑2026, having been in custody since 27‑05‑2025. The State opposed bail, while the court noted that co‑accused had already been released on bail. Considering the circumstances, the court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of family surety and mandatory physical presence in court during the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and the existence of a confessional statement.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- theft
- assault
- confessional statement
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12113 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Vinod Yadav @ Vinod Kumar Yadav @ Binod Yadaw @ Binod Kumar
Yadaw Son of Pashuram Yadav Resident of Village - Bagawara Tola Bangara,
P.S. - Duraundha, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey No, Advocate
For the Opposite Party/s : Mrs.Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126 (2), 115 (2), 109 (1), and 309
(4) of B.N.S and Section 27 of the Arms Act.
3. As per the prosecution case, three unknown persons
came on two motorcycles to the shop of the informant and indulged
in firing and assaulting the nephew of the informant with butt of the
pistol and stole jewellery and cash from the informant’s shop worth
Rs. 3,80,000/-.
4. Learned counsel for the petitioner submits that the
petitioner had withdrawn his application for bail with a liberty to
renew his prayer after framing of charge as would be evident from
the order dated 15.11.2025. Learned counsel for the petitioner
Patna High Court CR. MISC. No.12113 of 2026(2) dt.25-02-2026
2/3
submits that the First Information Report was lodged against three
unknown persons and the name of the petitioner transpired
subsequently on the basis of the confessional statement by him in
Sahajitpur P.S. Case No. 10 of 2025 whereafter one country made
pistol and two live cartridges were recovered from his possession.
The petitioner is languishing in custody since 27.05.2025 after being
remanded from another case and the charges have now been framed
on 13.01.2026 as such he has prayed for bail.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that other co-accused have been
granted bail by this Court vide order dated 15.11.2025 and charges
have been framed against the petitioner on 13.01.2026, as such,
pursuant to the liberty granted to the petitioner for renewing his
prayer, the above named petitioner is directed to be enlarged on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in connection
with Kuchaikote P.S. Case No. 30 of 2025, subject to the conditions
that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in court
on each and every date during trial and in the event of failure on two
Patna High Court CR. MISC. No.12113 of 2026(2) dt.25-02-2026
3/3
consecutive dates without sufficient reasons, his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
Checking your session…