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Patna High Court

Baigan @ Vikky Yadav @ Sandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Baigan (also known as Vikky Yadav and Sandeep Kumar), was arrested on 31 October 2025 in connection with a case arising from an alleged shooting incident on 1 November 2024, where the informant claimed the petitioner fired a gun, causing a bullet injury. He is charged under Sections 126(2), 115(2), 351(2), 352, 3(5), 109 of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended he has a clean antecedent and that the allegations are false, while the prosecution opposed bail. The court examined the nature of the offences, the petitioner’s custody duration, and the lack of serious injury as per the medical report. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of trial cooperation, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was issued subject to these conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita and the Arms Act
  • Whether the petitioner poses a risk of tampering with evidence or fleeing the trial

Legislation cited

Subjects

  • bail
  • criminal procedure
  • firearms offence
  • Arms Act
  • Bharatiya Nyay Sanhita
  • trial cooperation
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36784 of 2026
                    Arising Out of PS. Case No.-317 Year-2024 Thana- KASIMBAZAR District- Munger
                 ======================================================
                 Baigan @ Vikky Yadav @ Sandeep Kumar S/o Kamal Yadav @ Kamal
                 Kishore Yadav R/o Mohalla - Ghosi Tola, P.S - Kasim Bazar, District -
                 Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                      Heard Mr. Ajay Kumar Jha, learned counsel for the

                   petitioner as well as Mr. Binod Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   31.10.2025 in connection with Kasim Bazar P.S. Case No. 317

                   of 2024, F.I.R. dated 01.11.2024 for the offences punishable

                   under Sections 126(2), 115(2), 351(2), 352, 3(5), 109 of the

                   Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.

                               3.     According to prosecution case, the informant

                   alleged that on 01.11.2024 at 12.30 A.M, while he was returning

                   from Kali Temple Darshan and reached near the gate of the

                   petitioner then the petitioner along with other co-accused

                   persons threatened him. It is further alleged that this petitioner
Patna High Court CR. MISC. No.36784 of 2026(2) dt.16-06-2026
                                            2/3




          fired a gun shot upon the informant due to which the informant

          suffered bullet injury.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated. Although there is specific

          allegation against the petitioner that he fired a gun shot on the

          informant and the informant received injury but the injury report

          of the informant suggest that injury inflicted upon him is simple

          in nature. The petitioner is in custody since 31.10.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Session

          Judge, Munger in connection with Kasim Bazar P.S. Case No.

          317 of 2024, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.36784 of 2026(2) dt.16-06-2026
                                                        3/3




                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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