Patna High Court
Vikrant Yadav @ Vikrant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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
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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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