Patna High Court
Badri Kumar @ Badri YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(2), 61(2)
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
2/3
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
Checking your session…