Patna High Court
Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The bail application was rejected as no fresh ground was shown to merit a reconsideration of the earlier denial.
Summary
Vikash Yadav was arrested in connection with a case where he allegedly shot a bullet at an informant's stomach and stole Rs.5,000, a gold chain, and an Aadhaar card. The charges include offences under Sections 126(2), 303(2), 308(2), 109(1), 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The petitioner applied for bail, but the High Court noted that his earlier bail plea had been rejected and that no new material facts or fresh grounds were presented to merit a reconsideration. The court observed that the petitioner had been in custody since 19 May 2025. Consequently, the bail application was dismissed, with the court directing the petitioner to re‑apply before the trial court after completing one year of custody.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the prior denial of bail
- Whether any fresh ground exists to revisit the earlier bail refusal
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1), 126(2), 303(2), 308(2), 3(5)
Subjects
- bail
- criminal procedure
- arms act
- theft
- assault
- violent crime
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3102 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
Vikash Yadav, Male, aged about 23 years, Son of Baidyanath Yadav, Resident
of Village- Suhat, P.S.- Bahera, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Muskan Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bahera P.S. Case No. 160 of 2025 instituted for the offences
punishable under Sections 126(2), 303(2), 308(2), 109(1), 3(5)
of the BNS and Section 27 of the Arms Act.
3. As per allegation in the FIR, the allegation
against the petitioner is that he intentionally fired bullet upon
the informant’s stomach and also snatched Rs. 5,000/- from the
pocket of the informant as well as gold chain and Adhar Card.
4. Earlier the prayer for bail of this petitioner was
rejected by this Court passed in Cr. Misc. No. 52546 of 2025
vide order dated 15.10.2025 and there is no fresh ground to
reconsider the prayer for bail of the petitioner. Petitioner is in
Patna High Court CR. MISC. No.3102 of 2026(2) dt.30-01-2026
2/2
custody since 19.05.2025.
5. Accordingly, the prayer for bail of the petitioner is
again rejected.
6. The petitioner may renew his prayer for bail before
the Trial Court after completion of one year in custody.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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