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Patna High Court

Tikkar Yadav @ Tuntun Yadav @ Tikkar @ Tuntun YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Tikkar Yadav, was arrested in connection with an FIR alleging participation in an unlawful assembly, assault on an informant's son, firing at the deceased Rakesh Kumar, and kidnapping, under Sections 103(1), 140(1), 238 read with 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The petitioner sought bail, arguing that the FIR's allegation of firing conflicted with the post‑mortem report, which showed only a blunt‑force injury, and noting that co‑accused had already been released on bail. The State opposed the bail application. The Court considered the contradictions in the evidence, the period of custody since 4 August 2025, and the fact that a chargesheet had been filed, and decided to grant bail on a bond of Rs 10,000 with two sureties.

Issues considered

  • What is the appropriateness of granting bail to the petitioner charged with offences under the B.N.S., 2023 and the Arms Act, considering the alleged contradictions between the FIR and the post‑mortem report and the period of custody?

Legislation cited

Subjects

  • bail
  • unlawful assembly
  • assault
  • kidnapping
  • Arms Act
  • contradictory evidence
  • post‑mortem report
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87994 of 2025
                     Arising Out of PS. Case No.-149 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Tikkar Yadav @ Tuntun Yadav @ Tikkar @ Tuntun Yadav S/o Ram Vilas
                 Yadav Resident of Village- Gyantol, P.S.- Sahebpur Kamal, District-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arjun Prasad
                 For the Opposite Party/s :      Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case punishable for

                   the offence under Section 103(1), 140(1), 238 r/w 3(5) of the

                   B.N.S., 2023 and Section 27 of the Arms Act.

                                3. The petitioner is named in the F.I.R. and there is

                   specific allegation against him of being part of unlawful

                   assembly, who assaulted informant and the deceased (Rakesh

                   Kumar) and also on the instruction of co-accused Sita Devi, this

                   petitioner opened fire and thereafter, he along with other co-

                   accused persons forcibly kidnapped the deceased.

                                4. Learned counsel for the petitioner submits that as

                   per F.I.R., this petitioner along with other five co-accused
           Patna High Court CR. MISC. No.87994 of 2025(2) dt.30-01-2026
                                                       2/2




                     persons are alleged to have fired and assaulted son of informant

                     with butt of pistol, but in the post-mortem report, only one

                     injury has been found on the person of deceased, caused by hard

                     & blunt substance. Thus, F.I.R. stands contradicted by the post-

                     mortem report. Similarly situated co-accused Raushan Kumar

                     and Prashuram Kumar have already been granted bail by this

                     Court, vide order dated 04.12.2025 in Cr.Misc. No. 84548 of

                     2025 and ordrer dated 27.01.2026 passed in Cr.Misc. No. 86193

                     of 2025. Petitioner is in custody since 04.08.2025. Chargesheet

                     has been submitted.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail.

                                  6. Considering the aforesaid facts and circumstances

                     as well as period of custody, let the above named petitioner 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 learned A.C.J.M. - IV, Begusarai / concerned

                     Court in connection with Sahebpur Kamal P.S. Case No. 149 of

                     2025.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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