Patna High Court
Vikash Kumar Yadav @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie doubts regarding the informant’s eyewitness claim and the completed investigation justified granting bail.
Summary
Vikash Kumar Yadav was arrested in connection with a murder case (Sections 302/34 IPC and Section 27 Arms Act) where five co‑accused allegedly shot the husband of an informant. The petitioner sought bail, arguing that the informant was not an eye‑witness and that the investigation was already completed, reducing any risk of evidence tampering. The State contended that the petitioner was found in possession of a firearm. The court examined the FIR and noted doubts about the informant’s eyewitness status and the completed nature of the investigation. Consequently, the court ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act.
- Whether the informant’s testimony qualifies as eye‑witness evidence.
- Whether the completed investigation negates the risk of evidence tampering.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- eye-witness
- investigation
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1591 of 2026
Arising Out of PS. Case No.-31 Year-2024 Thana- LADANIA District- Madhubani
======================================================
Vikash Kumar Yadav @ Vikash Kumar S/O Late Mahesh Prasad Yadav R/O
vill.- Sidhapkala, P.S-Ladania,Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. NK Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr. Anish Chandra, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Ladaniya P.S. Case No. 31 of 2024 registered for the offence
under Sections 302/34 of the I.P.C. and Section 27 of Arms
Act.
3. The petitioner is named in the F.I.R. and is in
custody since 04.03.2025.
4. As per FIR, 5 named co-accused persons
committed murder of the husband of the informant by causing
fire arm injury.
5. Mr. N.K. Agrawal learned senior counsel
appearing on behalf of the petitioner submitted that from the
Patna High Court CR. MISC. No.1591 of 2026(2) dt.12-02-2026
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perusal of FIR it can be gathered safely that informant is not
an eye witness of the occurrence as she arrived at the place of
occurrence upon public cry. In this context, it is submitted
that source of knowledge regarding occurrence also not
appears disclosed through FIR suggesting a question mark
regarding claim of informant being an eye witness of the
present occurrence. It is further submitted that even as per
allegation as set out through FIR, there is general and
omnibus allegation qua firing where upon post-mortem single
fire arm injury was noticed upon deceased husband of the
informant. While concluding the argument, it is submitted
that petitioner found involved in one more criminal case
where he is on bail and moreover, investigation of this case is
completed, for which charge-sheet has been submitted, as
such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
petitioner was found equipped with fire arm in terms of FIR
alongwith co-accused Sonu Kumar.
7. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.1591 of 2026(2) dt.12-02-2026
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taking note of fact as the narration of FIR, prima-facie creates
a doubt regarding claims of informant being an eye witness of
the occurrence, coupled with fact as investigation of this case
already completed where petitioner remains in custody since
04.03.2025, accordingly petitioner above named, is directed
to be released on bail in connection with Ladaniya P.S. Case
No. 31 of 2024 on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned DASJ II, Madhubani
/concerned court, subject to the conditions as mentioned
under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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