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Patna High Court

Varun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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