Patna High Court
Vidhya Prakash @ Jai PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)(a), 26(i)(ii), 27, 35
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(b), 307, 34
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/-
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