Patna High Court
Vikash Yadav @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the Bihar Negotiable Sale Act, 2023.
Summary
The petitioner, Vikash Yadav, was implicated in a FIR alleging his involvement in the theft of a tractor laden with sand, for which numerous offences under the Indian Penal Code were listed. He contended that he is a person of clean antecedent, not the owner of the tractor, and was merely present at the scene out of curiosity, having been falsely implicated by an informant. The State opposed his anticipatory bail application, arguing the seriousness of the charges. The Court, after considering the petitioner's clean record and lack of ownership of the tractor, held that there was no likelihood of him absconding or tampering with evidence. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bihar Negotiable Sale Act, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Negotiable Sale Act, 2023 despite the serious charges listed in the FIR.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 121(1), 125(a), 125(b), 126(2), 132, 190, 191(2), 262, 263, 281, 303(2), 310(6), 317(2), 317(5), 324(5), 352
Subjects
- anticipatory bail
- false implication
- clean antecedent
- Section 482
- Bihar Negotiable Sale Act
- Indian Penal Code
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89378 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- JAMUI District- Jamui
======================================================
Vikash Yadav @ Vikash Kumar Son of Late Palo Yadav R/o Village -
Daulatpur, P.S.- Jamui, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Amrita Kumari, Advocate
Ms. Harshita, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 191(2), 190, 115(2),
109, 132, 262, 263, 310(6), 121(1), 281, 125(a), 125(b), 324(5),
303(2), 317(2), 317(5), 352 and 126(2) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and in sum and
substance, the allegation, as alleged in the FIR, is that a tractor
laden with sand was apprehended and the driver fled but a crowd
of 40-50 persons assembled and they, by using criminal force, got
the tractor freed and fled away with the tractor.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.89378 of 2025(2) dt.18-02-2026
2/2
informant. It is next submitted that petitioner is not the owner of
the tractor which was seized and subsequently taken away by the
crowd. It is next submitted that petitioner being a resident of
nearby place, out of inquisitiveness, had gone to the place of
occurrence as he came to know that ruckus is being created. It is
also reiterated and submitted that petitioner is a person with clean
antecedent.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the facts
that petitioner is a person with clean antecedent and is not the
owner of the tractor, let petitioner, above-named, in the event of
his arrest or surrender within a period of six weeks from today, be
released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Jamui in connection with Jamui P.S.
Case No.141 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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