Patna High Court
Bikash Yadav @ Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Bikash Yadav was arrested in connection with a case registered under Sections 55/3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act for alleged involvement in a murder plot. The prosecution’s case relied on a tip that Yadav was an associate of a notorious criminal and the recovery of a country‑made pistol and cartridges. The petitioner argued that he was falsely implicated, highlighted a one‑month delay in filing the FIR and asserted lack of substantive evidence, while the State pointed to six prior criminal cases against him. After hearing both sides, the court granted bail with conditions of cooperation, regular attendance before the trial court, a surety bond of Rs.10,000 and two sureties. The petitioner was ordered to be released on bail pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S. and Arms Act.
- Whether the delay in lodging the FIR and paucity of evidence justify bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act — s. 55/3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- delay in FIR
- prior criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24792 of 2026
Arising Out of PS. Case No.-571 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Bikash Yadav @ Bikash Kumar S/o Late Opendra Yadav @ Upendra Yadav
R/o Village- Gangapur, P.S- Sultanganj, District-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sultanganj P.S. Case No. 571 of 2025 registered for the
offence punishable under Sections 55/3(5) of the B.N.S., 2023
and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
police have received an input that the notorious Mantu Yadav
and his associates are planning to commit murder, and on this
input, the spy was contacted, and the spy disclosed that the
petitioner is one of the associates of the notorious Mantu Yadav.
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
Patna High Court CR. MISC. No.24792 of 2026(2) dt.18-04-2026
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case. He also submits that Rupesh Yadav has confessed that the
petitioner is also his associate, and it is further submitted that on
the disclosure of this petitioner, one country-made pistol along
with three live cartridges were recovered from the bushes.
Learned counsel further submits that from perusal of the FIR, it
is clear that the information regarding the preparation of the
offense was received on 10.11.2025, whereas this FIR was
lodged on 11.12.2025 after one month, and there is no
explanation for the delay. He further submits that save and
except for the recovery of one country-made pistol and three
live cartridges on disclosure of this petitioner, there is nothing
against him. Moreover, the petitioner is languishing in judicial
custody since 12.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of six cases.
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 with the condition
that the petitioner shall cooperate in trial, shall remain
physically present on each and every date fixed by the
learned trial court, one of the bailor should be his near
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relative and shall mark his weekly attendance at Sultanganj
P.S. 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 of the like amount each to the
satisfaction of the learned A.C.J.M.-I, Bhagalpur in connection
with Sultanganj P.S. Case No. 571 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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