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Patna High Court

Vikrant Yadav @ Vikrant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions, noting the lack of substantive evidence beyond the co‑accused’s confession.

Summary

Vikrant Yadav applied for anticipatory bail after learning that he was likely to be arrested in a case under Section 37 of the Bihar Prohibition & Excise (Amendment) Act, 2022 and several provisions of the Arms Act. The incident involved firing in Madhuban Colony, where a co‑accused, Munna Kumar, was apprehended and, in his confessional statement, implicated Yadav along with two others. Yadav contended that he has a clean antecedent, is a graduate, unemployed, and that no one was injured, arguing that the confessional statement alone lacks evidentiary value. The State opposed the bail, but the High Court considered Yadav’s personal circumstances and the weak evidential basis and granted anticipatory bail subject to a cash bond, sureties, and compliance with conditions under Section 482(2) of the B.N.S.S. The order also directed that one bailor be Yadav’s father and allowed the trial court to cancel bail if he fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted when the only incriminating material is a confessional statement of a co‑accused.
  • Whether the petitioner’s personal circumstances and the absence of injury justify the grant of bail under the relevant statutory provisions.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • Arms Act
  • Bihar Prohibition & Excise Act
  • high court bail order
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74703 of 2025
                 Arising Out of PS. Case No.-653 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Vikrant Yadav @ Vikrant Kumar Son of Devendra Prasad R/o Mohallah -
                 Jaganpura, Near Samudaik Bahawan, P.S. - Ram Krishna Nagar, Dist. - Patna,
                 Pin code - 800027(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhay Kumar Pandey, Advocate
                 For the Opposite Party/s :     Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 37 of the Bihar

                   Prohibition & Excise (Amendment) Act, 2022 as well as

                   Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he received an information that firing has occurred

                   in Madhuban Colony. Accordingly, he reached the place of

                   occurrence and saw 112 patrol team who had apprehended an

                   accused in an intoxicated condition who identified himself as

                   Munna Kumar. Further, the local residents reported that all FIR
Patna High Court CR. MISC. No.74703 of 2025(5) dt.30-01-2026
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          named accused persons were engaged in scuffle and were firing.

          Further, Munna Kumar disclosed that 10-12 accused were

          consuming alcohol in a semi constructed house in Madhuban

          Colony and during the incident, Vikrant Yadav, Kamlesh Kumar

          and Chinni fired. Further, from the place of occurrence four

          cartridges along with four empty liquor bottles and one country

          made pistol were recovered.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case. It is

          next submitted that name of the petitioner transpired in the

          confessional statement of Munna Kumar who disclosed that it

          was petitioner along with two others who had resorted in firing.

          It is further submitted that petitioner was not arrested from the

          place of occurrence and confessional statement before police

          does not have any evidentiary value. It is also submitted that

          petitioner is a graduate and in support of the same, a second

          supplementary affidavit has been filed annexing the provisional

          certificate of the petitioner issued by Magadh University. It is

          also submitted that petitioner presently is unemployed. It is

          reiterated and submitted that petitioner is a person with clean

          antecedent and no one was injured in the firing. It is also

          submitted that petitioner will not abscond rather will cooperate
Patna High Court CR. MISC. No.74703 of 2025(5) dt.30-01-2026
                                            3/4




          in the investigation to prove his innocence.

                       5. Learned APP for the State opposes the anticipatory

          bail application.

                       6. Considering the submissions made by learned

          counsel for the petitioner and taking into consideration the fact

          that petitioner is a graduate and presently is unemployed, his

          name      transpired      based      on     confessional   statement   of

          apprehended accused and no one was injured in firing, let

          petitioner, above-named, in the event of his arrest or surrender

          before the learned trial court 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 Ram Krishna Nagar P.S. Case No.653 of 2025,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       7. It is made clear that one of the bailors of the

          petitioner shall be his father, namely, Devendra Prasad.

                       8. It is also made clear that if the Investigating Officer

          of the case files an application before the learned Trial Court

          bringing to its notice that petitioner, despite giving assurance to
               Patna High Court CR. MISC. No.74703 of 2025(5) dt.30-01-2026
                                                           4/4




                         this Court, is not cooperating in the investigation, in that event,

                         the learned Trial Court shall be at liberty to cancel the bail bond

                         of the petitioner after recording reasons.

                                      9. Let a copy of this order be sent to the concerned

                         Police Station through the learned Trial Court.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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