Patna High Court

Vivekanand YadavversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

Vivekanand Yadav was charged under Sections 302 and 120(B) of the Indian Penal Code and several provisions of the Arms Act for allegedly firing on the elder son of an informant, resulting in death. The petitioner claimed he was falsely implicated due to a land dispute, asserted that no incriminating material was found on him, and noted that the FIR only made a general allegation against him while a co‑accused was arrested on the spot. He had been in judicial custody since November 2025 and was remanded on 24 January 2026. The State opposed bail, but the court, considering the lack of direct evidence, the petitioner’s claim of innocence, and the period already spent in custody, decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to an accused charged with murder, conspiracy and offences under the Arms Act when the FIR contains only general allegations and no incriminating material is found on the accused.
Whether the period of custody already undergone justifies the grant of bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26(1), 27(1), 35
Indian Penal Code — s. 120(B), 302

Subjects

bail
murder
conspiracy
Arms Act
Indian Penal Code
criminal procedure
land dispute
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16805 of 2026
                       Arising Out of PS. Case No.-364 Year-2023 Thana- GOGRI District- Khagaria
                 ======================================================
                 Vivekanand Yadav S/o- Anil Kumar Yadav Resident of village- Usari ward no
                 14 P.S.- Gogri, District- Khagaria
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Gogri

                   P.S. Case No. 364 of 2023, instituted for the offences punishable

                   under Sections 302, 120(B) of the Indian Penal Code, read with

                   Sections 25(1-B)(a), 26(1), 35 and 27(1) of the Arms Act.

                                3. The prosecution case, in short, is that the accused

                   persons including the petitioner fired upon elder son of the

                   informant due to which the deceased sustained gunshot injury

                   on his left chest and he died at the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.16805 of 2026(2) dt.11-03-2026
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          the petitioner also submits that though petitioner is named in the

          FIR, but he is not said to be the assailant. It is next submitted

          that as per FIR, one co-accused, Santosh Yadav, was arrested on

          spot. No direct and specific allegation has been attributed

          against the petitioner rather the same is general and omnibus in

          nature. Name of the petitioner has transpired in this case due to

          land dispute with the informant. The petitioner has been

          remanded in this case from 24.01.2026, whereas the petitioner is

          in judicial custody since 04.11.2025 in Gogri P.S. Case No. 287

          of 2025 and has got two criminal antecedents. Learned counsel

          for the petitioner further submits that other co-accused has been

          granted regular bail by this Court vide order dated 17.01.2026

          passed in Cr. Misc. No. 2137 of 2026.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
             Patna High Court CR. MISC. No.16805 of 2026(2) dt.11-03-2026
                                                         3/3




                       below/concerned Court in connection with Gogri P.S. Case No.

                       364 of 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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