Patna High Court

Vishal Yadav @ Vishal KumarversusThe State of Bihar

Decided: 26 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.

Summary

Vishal Yadav applied for bail in a criminal case (Sadar P.S. Case No. 218 of 2025) alleging offences under Sections 109 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR records a shooting incident where the informant identified the petitioner and another accused, Vikky Yadav. The petitioner claimed innocence, argued that the informant suffered no injury, and highlighted that Vikky Yadav had already been granted anticipatory bail in a similar case. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
Whether the petitioner’s prior criminal antecedents preclude bail.
Whether the grant of anticipatory bail to a co-accused (Vikky Yadav) influences the bail decision for the petitioner.

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act, 2023 — s. 109, 3(5)

Subjects

bail
criminal procedure
Arms Act
Bihar Narcotic Substances Act
anticipatory bail
prior criminal record
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7901 of 2026
                    Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Vishal Yadav @ Vishal Kumar S/o Kameshwar Yadav R/o Village -Bela
                 Navtoliya, P.S - 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, Advocate
                 For the Opposite Party/s :      Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
3   26-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Sadar P.S. Case No. 218 of 2025 registered for the offence

                   punishable under Sections 109/3(5) of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that while the

                   informant who is said to be an employee at the bus stand was

                   sitting in a tea shop, 5-6 persons arrived in 2-3 bikes and started

                   firing    indiscriminately.    However,      the    informant     somehow

                   managed to save himself.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. From perusal

                   of the FIR, it is clear that the informant had identified two persons,
           Patna High Court CR. MISC. No.7901 of 2026(3) dt.26-02-2026
                                                       2/2




                     Vikky Yadav and the petitioner. He also submits that the informant

                     has not received any gunshot injury. No injury was received by

                     him. He further submits that similarly situated other co-accused

                     namely, Vikky Yadav has already been granted anticipatory bail by

                     the learned coordinate bench of this court vide Cr. Misc. No. 6911

                     of 2026. The case of this petitioner stands on similar footing.

                     Moreover, the petitioner is languishing in judicial custody since

                     01.12.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.         The above named

                     petitioner is directed to be enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Darbhanga in connection with Sadar P.S. Case No. 218

                     of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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