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Patna High Court

VIKKY YADAV @ AJAY KUMAR YADAVversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application for anticipatory bail, granting it subject to conditions under Section 482(2) of the BNSS.

Summary

Vikky Yadav applied for anticipatory bail fearing arrest in a case (Sadar P.S. No. 218 of 2025) involving alleged offences under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The incident involved a firing by several persons at a tea shop, but no one was injured and the petitioner was not named in the FIR, though his name later surfaced during investigation. The petitioner asserted his innocence and that he had no role in the incident. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the circumstances, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, requiring a bail bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s alleged involvement in offences under Sections 109 and 3(5) of the BNSS and Section 27 of the Arms Act justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 482
  • Section 109
  • Section 3(5)
  • Section 27
  • criminal procedure
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6911 of 2026
                    Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Vikky Yadav @ Ajay Kumar Yadav Son Of Vijay Kumar Yadav Resident Of
                 Village - Sundarpur, Alinagar, Police Station - L.N.M.U., District -
                 Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Nilendu Kumar Choudhary
                 For the Opposite Party/s :     Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Sadar P.S. Case No. 218 of 2025 registered for offences under

                   Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                                3. Allegedly, on the fateful day, while the informant,

                   who is said to be an employee at the bus stand, was sitting in a

                   tea shop, 5–6 persons arrived at 2–3 motorcycles and started

                   firing indiscriminately. However, the informant somehow

                   managed to save himself.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.
            Patna High Court CR. MISC. No.6911 of 2026(2) dt.24-02-2026
                                                        2/2




                      He further submits that the petitioner is not named in the FIR;

                      however, during the course of the investigation, the name of the

                      petitioner has come. It is also an admitted fact that no one

                      sustained any injury in the incident.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Sadar P.S. Case No. 218 of 2025 subject to the conditions as laid

                      down under Section 482(2) of the BNSS.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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