Patna High Court
VIKKY YADAV @ AJAY KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 482(2)
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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