Patna High Court
Vijay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court declined to grant anticipatory bail, upholding the lower court’s finding that the petitioner’s alleged involvement warrants continued investigation.
Summary
Vijay Kumar Yadav applied for anticipatory bail in a case of robbery and looting alleged under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023. The FIR described an attack on a three-wheeler and the theft of cash and phones, and the petitioner was not named in the FIR. The prosecution’s case relied on a confessional statement of co‑accused Vijay Krishna Thakur, who said he had purchased the looted auto‑rickshaw from the petitioner. The High Court examined the statement and concluded it indicated the petitioner’s active involvement. Since the investigation was ongoing and custodial interrogation might be required, the court refused to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the confessional statement implicating him.
- Whether the petitioner’s alleged purchase of the looted vehicle constitutes sufficient ground to deny bail.
- Whether the ongoing investigation justifies denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- anticipatory bail
- Section 309
- robbery
- confessional statement
- investigation
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87123 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Vijay Kumar Yadav Son of Jogi Yadav Resident of Village- Bishanpur
(Vishnupur), P.S.- Ghanshyampur, District- Darbhanga (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra
For the Opposite Party/s : Ms.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 07-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Manigachi Police Station Case No. 114 of 2025, dated
01.08.2025, disclosing offences punishable under Section
309(4) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that in the intervening night of 31.07.2025, the
informant was coming home on his three-wheeler auto
along with two other persons and on the way, three
unknown criminals fired upon him and on the gun point,
looted the auto rickshaw and two mobile phones. The
criminals also snatched a bag containing Rs. 30,000/-.
4. Learned Counsel for the petitioner submits that the First
Patna High Court CR. MISC. No.87123 of 2025(4) dt.07-05-2026
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Information Report has been registered against three
unknown criminals. He further submits that the petitioner
is innocent and has falsely been implicated in this case.
He further submits that the petitioner is not named in the
First Information Report and his name has transpired on
the basis of the confessional statement of co-accused
Vijay Krishna Thakur @ Sonu Thakur, who has disclosed
that he had purchased the auto rickshaw from the
petitioner for Rs. 25,000/-.
5. I have heard learned counsel for the parties and have
perused the material available on record, including the
impugned order.
6. From perusal of the impugned order as well as the case
diary, it transpires that co-accused Vijay Krishna Thakur
@ Sonu Thakur, in his confessional statement, has
disclosed the fact that he had purchased the looted auto
rickshaw from the petitioner worth Rs. 25,000/-active
involvement of the petitioner in the alleged offence.
7. Considering the above, I do not find any reason to differ
with the findings arrived at by the learned Additional
Sessions Judge-III, Darbhanga, inasmuch as the case is
under investigation, wherein the custodial interrogation of
Patna High Court CR. MISC. No.87123 of 2025(4) dt.07-05-2026
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the petitioner may be necessary based upon the material
collected by the police during course of investigation. As
such, I am not inclined to grant anticipatory bail to the
petitioner.
8. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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