Patna High Court
Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Vikash Yadav, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. He alleged that the FIR was based on a false complaint by an informant who was a relative and that the alleged seizure of a country‑made pistol and cartridges was not made by police but handed over by the informant. The petitioner argued that he would cooperate with the investigation and not abscond if bail were granted. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing bail bonds of Rs 25,000 with two sureties and compliance with Section 482(2) of the CrPC, also directing that the bail may be cancelled if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under the BNS Act, 2023 and the Arms Act.
- Whether the alleged seizure of arms was lawful and the petitioner can be held culpable.
- Whether the petitioner is likely to abscond or not cooperate with the investigation.
Legislation cited
- Arms Act — s. 25, 26
- Bihar Narcotic Substances Act, 2023 — s. 109, 115, 126, 3, 303, 329, 351, 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- arms seizure
- false implication
- Bihar Narcotic Substances Act
- Arms Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4607 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Vikash Yadav son of Late Prakash Yadav Village- Bhagatpur, Ward No 07, PS
-Ballia, (Baliya) District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 115(2),
126(2), 109(1), 352, 351(2), 329(3), 303(2) and 3(5) of the
BNS, 2023 and under Sections 25(1-b)(a) and 26 of the Arms
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 26.10.2025 at 01:00 PM, four named accused persons
including the petitioner came and started abusing, on objection
petitioner assaulted him by khanti given by Bikram causing
injury on his right temporal and, thereafter, repeated the blow
causing injury on his right shoulder and also took Rs. 3500/-
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along with the chain. It is next alleged that informant came to
know that petitioner is coming back with arms and cow dung in
a sack, accordingly, police was informed, as such, the petitioner
fled leaving the sack and when the sack was checked, arms and
cartridges were recovered which was handed over to the police.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that a specific pleading has been
made at paragraph-11 that petitioner and the informant are
related as they belong to the same genealogical table. It is also
submitted that the FIR does not disclose the reason for the
occurrence but then it is submitted that on the day of Diwali, an
altercation took place on the issue of sweeping, as such, both the
sides assaulted each other. It is further submitted that informant
himself alleges that he came to know that petitioner was coming
back with a sack containing cow dung and when the sack was
checked, country-made pistol along with cartridges were
recovered but then it is submitted that the country-made pistol
and the cartridges were not recovered in presence of the police
rather it is alleged that when police came, the same was handed
over. It is thus submitted that the seizure was not made by the
police at the place of occurrence rather the seizure was based on
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arms and cartridges provided by the side of the informant. It is
also submitted that if privilege of anticipatory bail is granted,
the petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the submissions made by the
learned counsel for the petitioner, the petitioner above-named, in
the event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Ballia (Baliya) P.S. Case No. 462 of 2025
subject to the conditions as laid down under Section 482 (2) of
BNSS.
7. One of the bailors of the petitioner shall be his
brother-in-law Rakesh Raushan.
8. It is made clear that if the investigating officer of
the case files an application before the learned Trial Court,
bringing to its notice that the petitioner, despite giving assurance
to this Court, is not cooperating in the investigation, in that
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event, the learned Trial Court shall be at liberty to cancel the
bail bonds of the petitioner after recording reasons.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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