Patna High Court
Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the regular bail application.
Summary
The petitioner, Vikash Yadav, was arrested in connection with a loot at Sanjiv Kumar's shop, alleged to have been committed with illegal firearms. He is charged under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner, who has five prior criminal convictions, filed a second application for regular bail after an earlier bail plea was rejected. Counsel for the petitioner argued for bail, emphasizing his submissions, while the State opposed on grounds of the seriousness of the offences and the petitioner’s antecedents. The court, after considering the gravity of the allegations and the petitioner’s criminal history, declined to grant bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 317(2)
Subjects
- bail
- criminal antecedents
- Arms Act
- Bharatiya Nyaya Sanhita
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17758 of 2026
Arising Out of PS. Case No.-103 Year-2024 Thana- Madhusudanpur District- Bhagalpur
======================================================
Vikash Yadav S/O - Tutu Yadv R/O - Nurpur Nathnagar, P.S-
Madhushudanpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Madhusudanpur P.S. Case No. 103 of 2024,
registered for the offence under Sections 309(4) & 317(2) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 and
35 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 01.09.2025 in Cr. Misc. No. 22414 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Madhusudanpur P.S. Case No.
103 of 2024 registered for the offence under
Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. Three persons are said to have
committed loot in the shop of one Sanjiv Kumar.
Petitioner is named in the FIR. When he was
arrested, illegal arms and ammunition were also
Patna High Court CR. MISC. No.17758 of 2026(2) dt.29-04-2026
2/2
recovered. On his statement, other co-accused
have been arrested with illegal fire arms and
cash.
4. The petitioner is in custody since
23.07.2024 and has five criminal antecedents.
5. Considering the gravity of the
offence and the criminal antecedent of the
petitioner, I am not inclined to grant regular
bail to the petitioner. Accordingly, this
application for regular bail is hereby dismissed.
4. The petitioner is named in the FIR with the
allegation that he, along with his associates armed with deadly
weapons, committed loot at the shop of one Sanjiv Kumar. The
petitioner has five criminal antecedents.
5. Mr. Rajive Ranjan Singh, the learned counsel for
the petitioner has made his submissions with due emphasis and
has tried his level best in support of the case.
6. Considering the seriousness of the allegations
levelled against the petitioner and his criminal antecedents, I am
not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail is
hereby dismissed.
(Sandeep Kumar, J)
Shishir/-
U T
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