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Patna High Court

Bikash Yadav @ Vikku YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

Bikash Yadav was arrested in connection with a murder, rape and evidence‑tampering case (IPC §§376, 302, 201) and has been in custody since 17 July 2025. He contended that he is innocent, was in judicial custody elsewhere on the date of the alleged offence, and was implicated only because he is a relative of a co‑accused. The prosecution opposed bail, citing three prior criminal antecedents, though noting he is on bail in other pending matters. The court examined the alibi, the seriousness of the charges, and the petitioner’s criminal record, and concluded that bail could be granted with a bond of Rs.10,000 and two sureties. Bail was conditioned on his cooperation, appearance in court, non‑tampering with evidence or witnesses, and verification of his antecedents.

Issues considered

  • Whether bail should be granted to an accused facing IPC sections 376, 302 and 201 despite serious nature of offences.
  • Whether the petitioner’s claim of being in judicial custody on the date of the alleged crime creates reasonable doubt warranting bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • IPC
  • murder
  • rape
  • false implication
  • criminal antecedent
  • judicial custody
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84664 of 2025
                      Arising Out of PS. Case No.-389 Year-2024 Thana- AMARPUR District- Banka
                 ======================================================
                 Bikash Yadav @ Vikku Yadav S/O Late Baiju Yadav Resident of Vill.- Bari
                 Govindpur, P.S.- Dharhara, Dist.- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-01-2026                         Heard Mr. Dhananjay Kumar Pandey, learned

                   counsel for the petitioner and Mr. Pradeep Narain Kumar,

                   learned Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.07.2025 in connection with Amarpur P.S. Case No. 389 of

                   2024, F.I.R. dated 17.06.2024 for the offences punishable under

                   Sections 376, 302 and 201 of the IPC.

                               3. According to prosecution case, one unidentified

                   woman was murdered by some unknown persons.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the F.I.R is false and

                   fabricated and the petitioner has not committed any offence as

                   alleged in the F.I.R and he has been made accused in the present
Patna High Court CR. MISC. No.84664 of 2025(3) dt.19-01-2026
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          case merely on the ground that he is family member of the co-

          accused, Sunni Kumar. He further submits that it appears from

          the F.I.R that the date of occurrence is 16.06.2024 and on the

          said date the petitioner was in judicial custody in connection

          Dharara P.S. Case No. 21 of 2019 under Section 30(a) of the

          Bihar Prohibition and Excise Act. As per the allegation in the

          F.I.R, the petitioner was talking to co-accused Sunni Kumar

          who is nephew of the petitioner from jail. He further submits

          that the police after investigation submitted the charge sheet

          against the petitioner. The petitioner is in custody since

          17.07.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries three criminal antecedents other

          than the present one but fairly submits that he is on bail in all

          the pending matters.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has been made accused only because he was

          talking with the co-accused from jail, 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

          each to the satisfaction of the learned CJM, Banka in connection
            Patna High Court CR. MISC. No.84664 of 2025(3) dt.19-01-2026
                                                        3/3




                      with Amarpur P.S. Case No. 389 of 2024, subject to 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 absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-

U      T


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