Patna High Court
Vikas Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to regular bail and the bail application is allowed.
Summary
Vikas Kumar Yadav was arrested in connection with a case alleging assault on an informant's family that resulted in the father's death. The petitioner contended that he was falsely implicated, asserting that the allegation against him pertained only to an assault on the informant's brother, while the fatal assault was attributed to a co‑accused. He had been in custody since 24‑10‑2025 and had one pending criminal case. The State opposed his regular bail application. After considering the facts and submissions, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, thereby allowing the application.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita despite the serious nature of the allegations
- Whether the petitioner’s alleged involvement is sufficiently distinct from the fatal assault to merit bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(2), 126(2), 3/5, 351(2), 351(3), 352
Subjects
- regular bail
- criminal procedure
- false implication
- assault
- homicide
- Bharatiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.153 of 2026
Arising Out of PS. Case No.-66 Year-2025 Thana- Khesar District- Banka
======================================================
Vikas Kumar Yadav S/O Bindeshwari Yadav Resident of village - Pathal
Kurdiya, P/S- Khesar, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seek regular bail in Khesar P.S. Case
No. 66 of 2025 dated 20-10-2025 registered under Sections
126(2), 115(2), 117(2), 109, 103(1), 352, 351(2), (3) and 3/5 of
the Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner along with
others is that they entered the informant’s house and assaulted
his father, as a result of which he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that there is no specific
allegation of assault against the petitioner in respect of the
deceased. The allegation against the petitioner is confined to
Patna High Court CR. MISC. No.153 of 2026(2) dt.15-01-2026
2/2
having assaulted the informant’s brother, namely Santosh
Kumar, with a lathi on the head, as a result of which he
sustained a head injury. The specific allegation of inflicting a
dagger blow on the head of the informant’s father, namely
Doman Yadav, which resulted in his death, is attributed to co-
accused Ranjan Kumar. Lastly, it is submitted that the petitioner
has been in custody since 24.10.2025 and has one criminal case
pending against him.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned CJM Banka, in connection
with Khesar P.S. Case No. 66 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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