Patna High Court

Vijay Yadav @ Vijay KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Vijay Yadav was arrested in connection with a case registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1‑b), 26 and 35 of the Arms Act. The prosecution’s case is based on information that a group of miscreants planned an offence, and co‑accused who were apprehended identified the petitioner in their confessional statements, although no arms were recovered from him. The petitioner contended that he is innocent, was falsely implicated, and has been in judicial custody since 2 May 2025. The State opposed bail, highlighting the petitioner’s alleged seven prior criminal cases. After hearing both sides, the Court granted bail on the condition of cooperation with the trial, physical presence on all dates, and a bail bond of Rs 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences and alleged prior criminal antecedents
Whether the reliance on co‑accused confessional statements is sufficient to justify continued detention

Legislation cited

Arms Act — s. 25(1-b), 26, 35
Indian Penal Code — s. 399, 402

Subjects

bail
criminal procedure
Indian Penal Code
Arms Act
co‑accused testimony
prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63722 of 2025
                      Arising Out of PS. Case No.-144 Year-2021 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Vijay Yadav @ Vijay Kumar S/O Surendra Singh @ Surendra Yadav R/O
                 Vill.- Varsi, P.S.- Tarari, District- Bhojpur at Ara

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   19-01-2026                   Heard Mr. Shashank Shekhar, learned counsel for the

                   petitioner and Mr. Ajit Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Imadpur P.S. Case No. 144 of 2021 registered for the

                   offence punishable under Sections 399, 402 of the Indian Penal

                   Code & Sections 25(1-b), 26, 35 of the Arms Act.

                                3. The case of the prosecution in short is that the

                   police had information that certain miscreants were planning to

                   commit some offence. Police proceeded to that place. It is

                   further alleged that the miscreants started fleeing away seeing

                   the police; however, four persons were apprehended, and they

                   were identified as Govind Kumar, Tikku Kumar, Roushan, and

                   Vikash Yadav. The apprehended co-accused persons have

                   disclosed the name of the petitioner and others who managed to
Patna High Court CR. MISC. No.63722 of 2025(4) dt.19-01-2026
                                            2/3




          escape. From the apprehended persons, some arms were

          recovered.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the name of

          the petitioner has been surfaced on the basis of confessional

          statement of co-accused persons. It has also been submitted that

          nothing has been recovered from the possession of the

          petitioner. He further submits that the petitioner is languishing

          in judicial custody since 02.05.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of seven cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall cooperate in the stage of trial and

          shall remain physically present on each and every date fixed

          by the learned trial court, till the disposal of the case. The

          above named petitioner is directed to be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
           Patna High Court CR. MISC. No.63722 of 2025(4) dt.19-01-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of

                     the learned Chief Judicial Magistrate, Bhojpur at Ara in

                     connection with Imadpur P.S. Case No. 144 of 2021.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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