Patna High Court
Anurag Kumar @ Anurag Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Anurag Kumar Yadav was arrested in September 2025 in connection with a murder case (Bodhgaya P.S. Case No. 104 of 2025) under sections 140(3), 103, 61(2), 238 of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act. The prosecution alleges that the petitioner conspired to kill the deceased by providing a loaded pistol to co‑accused Deepak Kumar, who allegedly fired the weapon. The petitioner’s counsel argued that his name does not appear in the FIR, that the only evidence against him is the confessional statements of co‑accused, and that he has a clean antecedent. The State opposed bail, relying on the same confessional statements. The court, after considering the material, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the lower court without delay for verification.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges of conspiracy to murder and the reliance on confessional statements of co‑accused.
- Whether the absence of the petitioner’s name in the FIR and lack of other material evidence justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 140(3), 238, 61(2)
Subjects
- bail
- conspiracy to murder
- confessional statements
- Arms Act
- Bihar Narcotic Substances Act
- pre‑trial detention
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14994 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Anurag Kumar @ Anurag Kumar Yadav S/O Tek Narayan Yadav @ Pandit
Yadav Resident of Village- Shankhawan, P.S- Barachhati, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
: Ms.Priyanka Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Ms. Eashita Raj, learned counsel for the
petitioner, learned counsel for the informant and Mr.Bhanu
Pratap Singh, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
09.09.2025 in connection with Bodhgaya P.S. Case No. 104 of
2025, F.I.R. dated 18.02.2025 registered for the offence
punishable under Sections 140(3) of BNS, 2023.
Subsequently, Sections 103,61(2) and 238 of BNS, 2023 and
Section 27 of Arms Act were added.
3. According to prosecution case, informant alleged
that all the accused persons including the petitioner who is the
husband of his sister-in-law (Sadhu) made conspiracy to kill
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the deceased and petitioner gave loaded pistol to co-accused
Deepak Kumar who allegedly shoot the deceased.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Petitioner is
not named in the FIR. The name of the petitioner has been
transpired during investigation on the basis of the
confessional statement of co-accused persons, namely,
Deepak Kumar and Vikash Kumar and petitioner is husband
of the sister of co-accused person, namely, Deepak Kumar and
except the confessional statement of co-accused person, no
other cogent material has come during investigation against
the petitioner to suggest the involvement of the petitioner in
the present occurrence and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner
is in custody since 09.09.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
bail of the petitioner and submits that the petitioner was
involved in the present crime in question and his name has
been transpired during investigation on the basis of the
confessional statement of co-accused persons, namely,
Deepak Kumar and Vikash Kumar and on the basis of the
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confessional statement of co-accused persons, namely,
Deepak Kumar and Vikash Kumar, the dead body of the
deceased has been recovered.
6. Considering the aforesaid facts, let the petitioner,
above named, 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 learned C.J.M., Gaya in
connection with Bodhgaya P.S. Case No. 104 of 2025,with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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