Patna High Court
Prakash Yadav @ Vikash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482 of the B.N.S.
Summary
The petitioner, Prakash Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 103, 3(5) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.), Section 27 of the Arms Act and later Section 61(2) of the B.N.S. The FIR only alleged his presence at the scene of a shooting incident, without attributing any specific role to him, while a co‑accused, Ranjeet Thakur, had already been granted anticipatory bail by a coordinate bench. The State opposed the bail on the ground of the serious offences alleged. The Court examined whether the petitioner’s alleged conduct, as per the FIR, justified denial of anticipatory bail and considered the precedent of the coordinate bench order. Finding that the FIR did not disclose any incriminating act by the petitioner and that bail was appropriate to prevent harassment, the Court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482 of the B.N.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the B.N.S. despite the FIR alleging his presence at the scene of a crime
- Whether the seriousness of the offences under Sections 103, 3(5), 61(2) of the B.N.S. and Section 27 of the Arms Act precludes grant of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 103, 3(5), 482, 61(2)
Subjects
- anticipatory bail
- criminal procedure
- B.N.S.
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87432 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Prakash Yadav @ Vikash Kumar Yadav S/o- Late Shardanand Yadav R/v-
Meghaul Ps- Pandaul Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 103, 3(5) of the B.N.S.
and Section 27 of the Arms Act and later on Section 61(2) of
B.N.S. was added.
3. Learned counsel for the petitioner submits that as
per F.I.R. itself, this petitioner is only alleged to be present at
the place of occurrence. F.I.R. does not disclose any specific
role to this petitioner. It is the specific case of the informant that
co-accused Gautam Thakur shot at the chest of her husband.
Similarly situated co-accused Ranjeet Thakur has been granted
anticipatory bail by a coordinate Bench of this Court, vide order
dated 24.09.2025 passed in Cr.Misc. No. 68893 of 2025.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.87432 of 2025(2) dt.10-02-2026
2/2
anticipatory bail.
5. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Madhubani in connection with
Pandaul P.S. Case No. 162 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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