Patna High Court
Baigan @ Vikky Yadav @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
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
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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
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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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