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Patna High Court

Vikash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
Patna High Court CR. MISC. No.4607 of 2026(2) dt.16-03-2026
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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
Patna High Court CR. MISC. No.4607 of 2026(2) dt.16-03-2026
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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
           Patna High Court CR. MISC. No.4607 of 2026(2) dt.16-03-2026
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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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