Badri Kumar @ Badri Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14899 of 2026 Arising Out of PS. Case No.-67 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== Badri Kumar @ Badri Yadav Son of Shri Sikendra Yadav Resident Of Village- Tilathi Ps- Kanariya District -Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh, Adv For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 29-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Mahishi P.S. Case No. 67 of 2025, registered for the offence punishable under Sections 103(1), 61(2), 3(5) of B.N.S. and Section 27 of Arms Act.
3. The case of the prosecution, in short, as per the informant is that on 02.03.2025, his son Vinod Kumar went to his friend's marriage in Darhar. While returning from the wedding on 03.03.2025 at about 10:30 hrs, he was shot dead at Balhua bridge. It is further alleged that the informant's son was residing at his maternal home at village Kothiya where he used to talk on phone with Seema Devi who is the second wife of accused Baua Yadav @ Babu Saheb due to the aforesaid reason, the FIR named accused persons had threatened to kill the informant's son, if he would talk to Seema Devi. It is further
Patna High Court CR. MISC. No.14899 of 2026(3) dt.29-04-2026 2/3 alleged that the accused persons surrounded the informant's son and shot him dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He has falsely been implicated in the present case on the basis of suspicion. The petitioner has no concern with the alleged occurrence. He further submits that the other co-accused persons have already been granted regular bail and the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.
6. The petitioner is not named in the FIR and has no criminal antecedent. The name of the petitioner has come up on the basis of confessional statement of co-accused. Other coaccused persons namely, Hardeo Yadav, Sanoj Yadav, and Baua Yadav who are named in the FIR have already been granted regular bail. Hardeo Yadav and Sanoj Yadav have been granted regular bail vide order dated 15.11.2025 passed in Cr. Misc. No. 49722 of 2025. Manoj Yadav has been granted regular bail vide order dated 09.04.2026 passed in Cr. Misc. No. 3188 of 2026 and Baua Yadav has been granted regular bail vide order dated 20.04.2026 passed in Cr. Misc. No. 14690 of 2026. Under these
Patna High Court CR. MISC. No.14899 of 2026(3) dt.29-04-2026 3/3 circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, 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 the learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 67 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.
(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) kiran/- U T