Patna High Court
VIJAY YADAV @ VIJAY KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the facts did not warrant such relief.
Summary
The petitioner, Vijay Yadav, sought anticipatory bail after learning that he might be arrested in connection with a case (PS Bahera Case No. 261 of 2025) filed under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that the petitioner was involved in indiscriminate firing stemming from a dispute over an illicit liquor business. The petitioner contended that he was falsely implicated despite having four prior criminal antecedents. The State opposed the grant of anticipatory bail, arguing that the circumstances did not merit such relief. The Court held that the facts did not constitute a fit case for anticipatory bail and dismissed the application, directing the petitioner to surrender within two weeks and apply for regular bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and the Arms Act in the present circumstances
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- illegal liquor dispute
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90961 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
VIJAY YADAV @ VIJAY KUMAR YADAV Son of Late Vimal Kumar Yadav
@ Vimal Yadav Resident of Mohalla - Trimuhani, P.S.- Bahera, Distt.-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha, Advocate
For the State : Mr.Nirmal Kumar Sinha, APP
For the Informant : Mr.Pintu Kumar Patel, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bahera P.S. Case No. 261 of 2025 instituted under
Sections 109, 3(5) of the Bharatiya Nyaya Sanhita and Section
27 of Arms Act.
3. As per the prosecution case, petitioner is accused
of making indiscriminate firing because of dispute in illicit
liquor business.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Petitioner has four criminal antecedents.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.90961 of 2025(2) dt.28-01-2026
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for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Darbhanga will take all steps for arrest
of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Darbhanga through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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