Patna High Court
Varun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Varun Yadav, was arrested on 7 January 2025 in connection with a murder case (P.S. Case No. 397 of 2024) where the father of an informant was allegedly shot dead. The FIR, dated 2 August 2024, charges him under Sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner’s counsel argued that the informant is not an eye‑witness, the FIR is based on suspicion, and the medical report does not support a head injury as alleged. The State opposed bail, noting the petitioner’s other pending cases, though he is already on bail in those matters. The Court, after considering the arguments, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the murder and arms offences.
- Whether the FIR and medical evidence are sufficient to justify continued detention.
- Whether the petitioner’s other pending cases affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5)
Subjects
- bail
- murder
- arms act
- FIR
- medical evidence
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78229 of 2025
Arising Out of PS. Case No.-397 Year-2024 Thana- KHAGARIA District- Khagaria
======================================================
Varun Yadav S/o Vilash Yadav @ Ram Vilash Yadav R/o Village- Mahuwa
Tola, Laxmipur, P.S.- Gangaur (Khagaria), District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarbottam Kumar Sarkar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 23-03-2026 Heard Mr.Sarbottam Kumar Sarkar, learned counsel
for the petitioner, learned counsel for the informant and
Mr.Umanath Mishra, learned Additional Public Prosecutor for
the State.
2. The petitioner seeks bail, who is in custody since
07.01.2025 in connection with Khagaria (Gangaur) P.S. Case
No. 397 of 2024, F.I.R. dated 02.08.2024 registered for the
offence punishable under Sections 103 & 3(5) of BNS,2023 and
subsequently Section 27 of Arms Act was added.
3. Briefly stated facts of the case as per F.I.R. are that
informant got registered an F.I.R. on 02.08.2024 alleging that at
12:10 am. seven persons came to Public Sarswati place where
father of the informant works as a watchman. They shot his
father dead with bullets.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.78229 of 2025(4) dt.23-03-2026
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submits that it appears from the FIR itself that the informant is
not the eye witness of the alleged occurrence and he has lodged
the present FIR merely on the basis of suspicion, apart from
that, there is a number of cases are pending between the parties
and as per allegation in the FIR, the petitioner and other co-
accused persons have shot fire upon the victim on his head but
there is no injury was found on the person of the deceased on
his head rather firearm injury was found on chest and stomach.
In other words, learned counsel for the petitioner submits that
the allegation as alleged in the FIR does not support by the
medical evidence and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 07.01.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner and submits that the petitioner carries three
more cases other than the present one but fairly submits that the
petitioner is on bail in all the cases, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.78229 of 2025(4) dt.23-03-2026
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each to the satisfaction of learned Chief Judicial Magistrate,
Khagaria in connection with Khagaria (Gangaur) P.S. Case No.
397 of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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