Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail.
Summary
Vijay Kumar was arrested in connection with a shooting case (Murliganj P.S. Case No. 200 of 2023) involving offences under Sections 341, 342, 386, 302, 120B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that several persons, including the petitioner, fired at the informant's husband, leading to his death. The petitioner contended that he was falsely implicated, that the primary blame lay with Anil Yadav and Bauaa Yadav, and that the post‑mortem report showed only two entry wounds inconsistent with the FIR. He also highlighted his clean criminal record and his custody since 09‑04‑2025. After hearing both sides, the Patna High Court found insufficient justification to keep him detained and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail pending trial for the offences alleged under the IPC and Arms Act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 341, 342, 386, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- murder
- conspiracy
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86221 of 2025
Arising Out of PS. Case No.-200 Year-2023 Thana- MURLIGANJ District- Madhepura
======================================================
Vijay Kumar Son of Amod @ Duno Yadav R/o Village - Pokhram Ward no. 3,
P.S. - Murliganj, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Murliganj P.S. Case No. 200 of 2023 registered for the offence
punishable under Sections 341, 342, 386, 302, 120B, 504 and 506
of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that Anil
Yadav and Bauaa Yadav have fired at the chest of the informant's
husband. The third fire was made by one Nitish Kumar and after
that the husband of the informant fell down and Sharawn Kumar
and the petitioner also fired at him.
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. He also
submits that the main thrust of the allegation is against Anil Yadav
and Bauaa Yadav. He also submits that the allegation against the
Patna High Court CR. MISC. No.86221 of 2025(3) dt.24-02-2026
2/2
petitioner is that he has fired at the husband of the informant and
he fell down due to the fires made by Anil Yadav and Bauaa
Yadav. He further submits that from perusal of the postmortem
report of the deceased, it will transpire that there were only two
entry wounds on the person of the deceased. He also submits that
the postmortem does not support the allegations as leveled in the
FIR. Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing in
judicial custody since 09.04.2025.
5. The application for bail is opposed by learned APP
for the State.
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 A.C.J.M., 1 st
Class, Madhepura in connection with Murliganj P.S. Case No. 200
of 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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