Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4607 of 2026 Arising Out of PS. Case No.-462 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Vikash Yadav son of Late Prakash Yadav Village- Bhagatpur, Ward No 07, PS -Ballia, (Baliya) District -Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-03-2026 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 offences punishable under Sections 115(2), 126(2), 109(1), 352, 351(2), 329(3), 303(2) and 3(5) of the BNS, 2023 and under Sections 25(1-b)(a) and 26 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 26.10.2025 at 01:00 PM, four named accused persons including the petitioner came and started abusing, on objection petitioner assaulted him by khanti given by Bikram causing injury on his right temporal and, thereafter, repeated the blow causing injury on his right shoulder and also took Rs. 3500/-

2/4 along with the chain. It is next alleged that informant came to know that petitioner is coming back with arms and cow dung in a sack, accordingly, police was informed, as such, the petitioner fled leaving the sack and when the sack was checked, arms and cartridges were recovered which was handed over to the police.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is next submitted that a specific pleading has been made at paragraph-11 that petitioner and the informant are related as they belong to the same genealogical table. It is also submitted that the FIR does not disclose the reason for the occurrence but then it is submitted that on the day of Diwali, an altercation took place on the issue of sweeping, as such, both the sides assaulted each other. It is further submitted that informant himself alleges that he came to know that petitioner was coming back with a sack containing cow dung and when the sack was checked, country-made pistol along with cartridges were recovered but then it is submitted that the country-made pistol and the cartridges were not recovered in presence of the police rather it is alleged that when police came, the same was handed over. It is thus submitted that the seizure was not made by the police at the place of occurrence rather the seizure was based on

3/4 arms and cartridges provided by the side of the informant. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ballia (Baliya) P.S. Case No. 462 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. One of the bailors of the petitioner shall be his brother-in-law Rakesh Raushan.

8. It is made clear that if the investigating officer of the case files an application before the learned Trial Court, bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that

4/4 event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons. (Satyavrat Verma, J) Gaurav Sinha/- U T