Patna High Court
Vikash Yadav @ Vikash Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Vikash Yadav, was arrested in connection with offences under Sections 310(4) and 310(5) of the B.N.S. and Sections 25(1‑B)a, 26 and 35 of the Arms Act after a police raid recovered a pistol, cartridges, a double‑barrel gun and other items from his house. He argued that the arms were hidden by his tenant, Chandan, and that he was not arrested at the scene. The State opposed bail, highlighting the petitioner’s antecedent record of eight serious cases and the risk of absconding or tampering with evidence. The court considered the seriousness of the charges, the prior criminal history, and the possibility of evidence tampering. Concluding that the risk outweighed the petitioner’s arguments, the court rejected the bail application.
Issues considered
- Whether bail can be granted to the accused under Sections 310(4), 310(5) of the B.N.S. and Sections 25(1‑B)a, 26, 35 of the Arms Act given the seriousness of the offences and the accused’s antecedent record.
- Whether the presence of a tenant who may have concealed the arms affects the bail eligibility of the petitioner.
Legislation cited
Subjects
- bail
- Arms Act
- B.N.S.
- serious offences
- antecedent record
- abscondment risk
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2205 of 2026
Arising Out of PS. Case No.-186 Year-2024 Thana- KHANPURA District- Samastipur
======================================================
Vikash Yadav @ Vikash Kumar Ray Son of Brahamdeo Ray R/o Village -
Manapur, P.S. - Khanpur, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Khanpur P. S. Case No.
186 of 2024 registered for the offences punishable under
Sections 310(4), 310(5) of the B.N.S. and Sections 25(1-B)a,
26, 35 of the Arms Act.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 19.10.2025 and has antecedent
of eight cases and the informant alleges that he received secret
information that dreaded criminal Vikash Yadav (petitioner)
along with henchmen are partying and planning to commit an
occurrence. Further, if the place of occurrence is raided the
accused will be apprehended. Accordingly, the place of
occurrence were raided and six accused were apprehended but
Patna High Court CR. MISC. No.2205 of 2026(2) dt.21-04-2026
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one accused managed to flee, the apprehended disclosed their
name and also disclosed the name of petitioner who fled.
Further, from the apprehended accused, mobiles were recovered
as detailed in the FIR. It is next alleged that Chandan disclosed
that accused were planning to commit dacoity and petitioner had
concealed arms in his house. Accodingly, the house of the
petitioner was raided and a pistol made in Italy with five loaded
cartridges, a double barrel gun along with several motorcycles
were recovered.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot. It is next submitted
that based on disclosure made by Chandan, it is alleged that
house of the petitioner was raided from where arms and
ammunitions were recovered, but then, it is submitted that
Chandan was a tenant of the petitioner and he might have
concealed the arms as tenant and took the same as an
opportunity to implicate the petitioner in the instant case.
5. Learned A.P.P. opposes the bail application and
submits that informant a police officer had information that a
dreaded criminal i.e. petitioner is planning to commit an
occurrence, based on the said information the police raided the
place of occurrence when petitioner fled and six accused were
Patna High Court CR. MISC. No.2205 of 2026(2) dt.21-04-2026
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apprehended and based on disclosure of the apprehended
accused, the name of the petitioner also transpired that he fled
and thereafter house of the petitioner was raided based on
disclosure made by Chandan, arms and ammunitions were
recovered. It is also submitted that petitioner has antecedent of
eight serious cases and if privilege of bail is granted the
petitioner may abscond or try to tamper with the evidence.
6. Considering the submissions made by the learned
A.P.P., the Court is not inclined to release the petitioner on bail.
7. The prayer of the petitioner for regular bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
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