Patna High Court

Vivekanand Yadav @ Disko Yadav @ DiskoversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Vivekanand Yadav was arrested in connection with FIR No. 418 of 2025 alleging that he and others fired weapons in Dulduliya village to create fear ahead of the 2025 Bihar Assembly elections. The petitioner claimed innocence, arguing that the FIR lacked specific villager statements, no injuries were reported, and that a co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s alleged criminal antecedent. After hearing both sides, the Court considered the lack of concrete evidence, the petitioner’s prolonged pre‑trial custody since 13‑11‑2025, and the precedent of bail granted to the co‑accused. The Court ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the circumstances of the FIR and the charges under the B.N.S. and Arms Act.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 27
B.N.S. — s. 109, 3(5), 351(2)

Subjects

bail
criminal procedure
pre‑trial detention
Arms Act
B.N.S.
FIR
election‑related violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1882 of 2026
                     Arising Out of PS. Case No.-418 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Vivekanand Yadav @ Disko Yadav @ Disko S/O Brahmdeo Yadav @ Photo
                 Yadav R/o Village- Dulduliya, P.S.-Pirpainti, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Pirpainti P.S. Case No. 418 of 2025 registered for the

                   offence punishable under Sections 109, 351(2) and 3(5) of

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

                                3. The case of the prosecution, in short, is that on

                   20.09.2025, information was received by the police that in

                   village- Dulduliya, the petitioner along with other criminal was

                   roaming around the village and firing. In this regard, FIR was

                   registered. Villagers reported that the petitioner along with

                   others have targeted people and fired at them with the intent to

                   fear and terror in the upcoming festivals in Bihar Assembly

                   Election 2025. It was also reported by the villagers that the
Patna High Court CR. MISC. No.1882 of 2026(3) dt.02-02-2026
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          petitioner is a notorious criminal.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner has submitted that all

          the information are received by villagers and no name of

          villagers are there in the FIR. He has further submitted that there

          is only allegation against this petitioner is that he was making

          firing but nobody has received any injury and the allegations are

          bald. Learned counsel for the petitioner has also submitted that

          co-accused Lav Kush Yadav having similar nature of allegation

          has been granted bail by this Court vide order dated 19.01.2026

          passed in Cr. Misc. No. 91188 of 2025. Moreover, the petitioner

          is languishing in judicial custody since 13.11.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having one criminal antecedent.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
            Patna High Court CR. MISC. No.1882 of 2026(3) dt.02-02-2026
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                      of the like amount each to the satisfaction of the learned C.J.M.

                      Bhagalpur in connection with Pirpainti P.S. Case No. 418 of

                      2025.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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