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Patna High Court

Prakash Yadav @ Vikash Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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