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Patna High Court

Badri Kumar @ Badri YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bail bond, sureties and conditions under Section 482(2) of the B.N.S.

Summary

Badri Kumar sought anticipatory bail in a murder case (Mahishi P.S. Case No. 67 of 2025) where the alleged offence involved sections 103(1), 61(2), 3(5) of the Bharatiya Nagarik Suraksha Sanhita and Section 27 of the Arms Act. The petitioner was not named in the FIR; his alleged involvement stemmed solely from a confessional statement of a co‑accused. The petitioner argued he had no criminal antecedent and that other co‑accused had already been granted regular bail. The State opposed the grant of anticipatory bail. The Court, noting the lack of direct accusation against the petitioner and the bail already granted to co‑accused, inclined to grant anticipatory bail subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S. and verification of any concealed criminal antecedent.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but implicated solely on the basis of a co‑accused's confessional statement.
  • Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 justify the grant of anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • arms act
  • criminal procedure
  • bail conditions
  • co‑accused statements
  • suspicion
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14899 of 2026
                       Arising Out of PS. Case No.-67 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Badri Kumar @ Badri Yadav Son of Shri Sikendra Yadav Resident Of
                 Village- Tilathi Ps- Kanariya District -Saharsa
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Prasad Singh, Adv
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
3   29-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mahishi P.S. Case No. 67 of 2025, registered for the

                   offence punishable under Sections 103(1), 61(2), 3(5) of B.N.S.

                   and Section 27 of Arms Act.

                                3. The case of the prosecution, in short, as per the

                   informant is that on 02.03.2025, his son Vinod Kumar went to

                   his friend's marriage in Darhar. While returning from the

                   wedding on 03.03.2025 at about 10:30 hrs, he was shot dead at

                   Balhua bridge. It is further alleged that the informant's son was

                   residing at his maternal home at village Kothiya where he used

                   to talk on phone with Seema Devi who is the second wife of

                   accused Baua Yadav @ Babu Saheb due to the aforesaid reason,

                   the FIR named accused persons had threatened to kill the

                   informant's son, if he would talk to Seema Devi. It is further
Patna High Court CR. MISC. No.14899 of 2026(3) dt.29-04-2026
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          alleged that the accused persons surrounded the informant's son

          and shot him dead.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. He

          has falsely been implicated in the present case on the basis of

          suspicion. The petitioner has no concern with the alleged

          occurrence. He further submits that the other co-accused

          persons have already been granted regular bail and the petitioner

          has no criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. The petitioner is not named in the FIR and has no

          criminal antecedent. The name of the petitioner has come up on

          the basis of confessional statement of co-accused. Other co-

          accused persons namely, Hardeo Yadav, Sanoj Yadav, and Baua

          Yadav who are named in the FIR have already been granted

          regular bail. Hardeo Yadav and Sanoj Yadav have been granted

          regular bail vide order dated 15.11.2025 passed in Cr. Misc. No.

          49722 of 2025. Manoj Yadav has been granted regular bail vide

          order dated 09.04.2026 passed in Cr. Misc. No. 3188 of 2026

          and Baua Yadav has been granted regular bail vide order dated

          20.04.2026 passed in Cr. Misc. No. 14690 of 2026. Under these
            Patna High Court CR. MISC. No.14899 of 2026(3) dt.29-04-2026
                                                        3/3




                      circumstances, 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

                      Rs.10,000/- (Ten thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Chief Judicial Magistrate,

                      Saharsa in connection with Mahishi P.S. Case No. 67 of 2025,

                      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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