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Patna High Court

Vidhya Prakash @ Jai PrakashversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to statutory conditions.

Summary

The petitioner, Vidhya Prakash, sought bail in connection with FIR No. 184 of 2024 alleging offences under IPC sections 307, 120(b), 34 and several provisions of the Arms Act. He contended that he was not originally named in the FIR and that his inclusion was based solely on a confessional statement of a co‑accused, with no other incriminating material. The prosecution opposed bail, citing a prior criminal antecedent and arguing that the petitioner was already on bail in the same matter. The Court examined whether the lack of independent evidence and the petitioner’s criminal history justified denial of bail. Considering the circumstances, the Court granted bail subject to conditions under CrPC Section 438(2) and the Bhartiya Nagarik Suraksha Sanhita Section 482(2), requiring surrender within 30 days, a bail bond of Rs 10,000 with two sureties, and compliance with various conduct conditions.

Issues considered

  • Whether bail should be granted when the petitioner’s alleged involvement is based solely on a co‑accused’s confession and lacks independent evidence.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.
  • Whether the conditions imposed under CrPC Section 438(2) and B.N.S. Section 482(2) are appropriate for the bail order.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • co‑accused
  • Arms Act
  • attempt to murder
  • criminal conspiracy
  • prior criminal antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.4145 of 2026
                    Arising Out of PS. Case No.-184 Year-2024 Thana- KANKARBAG District- Patna
                ======================================================
                Vidhya Prakash @ Jai Prakash S/o Sunil Kumar Tiwari Resident of village
                and P.O. - Sabnima, P.S.- Athmalgola, Distt.- Patna       ... ... Petitioner/s
                                                   Versus
                The State of Bihar                                  ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :      Mr. Rajiv Ranjan Kumar Pandey, Advocate
                For the Opposite Party/s :      Mr. Madan Kumar, APP
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                      ORAL ORDER

2 06-02-2026               Heard Mr. Rajiv Ranjan Kumar Pandey, learned counsel

               for the petitioner and Mr. Madan Kumar, learned Additional Public

               Prosecutor for the State.

                          2. The petitioner is apprehending his arrest in connection

               with Kankarbagh P.S. Case No. 184 of 2024, F.I.R. dated

               17.03.2024 for the offences punishable under Sections 307, 120(b),

               34 of Indian Penal Code and Section 25(1-b)a, 26(i)(ii), 35 & 27 of

               Arms Act.

                          3. As per the First Information Report, the informant

               alleged that during patrol, he was informed that some miscreants

               fired shots in air near Madhur Milan Hotel and when he along with

               other police personal reached there, he got information from the

               local people that four people in white scorpio had come with

               intention of committing a crime but after failing to do so, fired four

               rounds in air and left.
Patna High Court CR. MISC. No.4145 of 2026(2) dt.06-02-2026
                                            2/3




                  4. Learned counsel for the petitioner submits that

      petitioner is innocent and he has falsely been implicated in the

      present case. Initially the petitioner was not named in the FIR and

      his name transpired on the basis of confessional statement of co-

      accused person, namely, Ajay Kumar Pandey and except the

      aforesaid, no other cogent material has come during investigation

      which suggest the involvement of the petitioner in the present

      occurrence.

                  5. The learned Additional Public Prosecutor has

      vehemently opposed the prayer for bail of the petitioner and

      submits that the petitioner carries one criminal antecedent other

      than the present one but fairly submits on the basis of paragraph-3

      of the bail application that the petitioner is on bail in the said

      matter.

                   6. Considering the aforesaid facts and circumstances,

      petitioner is not named in the FIR and his name transpired on the

      basis of confessional statement of co-accused person, let the

      petitioner, above named, in the event of arrest or surrender before

      the court below within a period of thirty days from the date of

      receipt of the order, 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 Chief Judicial Magistrate,
            Patna High Court CR. MISC. No.4145 of 2026(2) dt.06-02-2026
                                                        3/3




                  Patna in connection with Kankarbagh P.S. Case No. 184 of 2024,

                  subject to the conditions as laid down under Section 438(2) of the

                  Code of Criminal Procedure / Section 482(2) of the Bhartiya

                  Nagarik Suraksha Sanhita and with other 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 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 bond 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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