Patna High Court
Vikash Yadav @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Vikash Yadav, applied for regular bail in a murder‑by‑firearm case (Sheikhpura P.S. Case No. 50 of 2025) registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The FIR does not name the petitioner, but a confessional statement of co‑accused Nitish Kumar implicates him as one of the three persons who fired at the deceased. Nitish Kumar had already been released on bail, while the petitioner had been in custody since 20 June 2025 and a chargesheet had been filed. The State opposed the bail, citing the seriousness of the offence and the petitioner’s alleged involvement. The Court, after considering the FIR, the investigation material, the confessional statement and the six‑month custodial period, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties. The order reflects the Court’s view that the petitioner’s right to bail outweighs the prosecution’s concerns at this stage of the proceedings.
Issues considered
- Whether the petitioner, though not named in the FIR but implicated through a co‑accused’s confessional statement, is entitled to regular bail under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- murder
- firearms
- confessional statement
- chargesheet
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68606 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Vikash Yadav @ Vikash Kumar Son of Rajo Yadav R/O Village- Matokhar,
P.S.- Sheikhpura, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 17-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sheikhpura P.S. Case
no.50 of 2025 registered under sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that she received information on telephone about her husband
having been killed by firearm injury. She further states that her
gotias in her mother’s place namely Saina Yadav, Sanjeet Yadav
and Nitish Kumar are involved in the occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. He was falsely implicated in
Patna High Court CR. MISC. No.68606 of 2025(3) dt.17-01-2026
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the case in course of investigation in the confessional statement
of co-accused Nitish Kumar who is named in the FIR. In his
confessional statement, Nitish Kumar is stated to have
confessed that three accused persons fired upon the deceased
which included Nitish Kumar as also this petitioner. Nitish
Kumar has been enlarged on bail vide order dated 5.12.2025
passed in Cr. Misc. no.64996 of 2025. The petitioner is in
custody since 20.6.2025 and chargesheet has been submitted in
the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the name of the
petitioner transpiring in the confessional statement of co-
accused Nitish Kumar and the said Nitish Kumar having been
enlarged on bail vide aforesaid order dated 5.12.2025, the
petitioner having remained in custody for 6 months since
20.6.2025 and chargesheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in
connection with Sheikhpura P.S. Case no.50 of 2025 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.68606 of 2025(3) dt.17-01-2026
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two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Sheikhpura.
(Partha Sarthy, J)
Saurabh/-
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