Vikash Kumar Yadav @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1591 of 2026 Arising Out of PS. Case No.-31 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Vikash Kumar Yadav @ Vikash Kumar S/O Late Mahesh Prasad Yadav R/O vill.- Sidhapkala, P.S-Ladania,Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. NK Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Ladaniya P.S. Case No. 31 of 2024 registered for the offence under Sections 302/34 of the I.P.C. and Section 27 of Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 04.03.2025.
4. As per FIR, 5 named co-accused persons committed murder of the husband of the informant by causing fire arm injury.
5. Mr. N.K. Agrawal learned senior counsel appearing on behalf of the petitioner submitted that from the
Patna High Court CR. MISC. No.1591 of 2026(2) dt.12-02-2026 2/3 perusal of FIR it can be gathered safely that informant is not an eye witness of the occurrence as she arrived at the place of occurrence upon public cry. In this context, it is submitted that source of knowledge regarding occurrence also not appears disclosed through FIR suggesting a question mark regarding claim of informant being an eye witness of the present occurrence. It is further submitted that even as per allegation as set out through FIR, there is general and omnibus allegation qua firing where upon post-mortem single fire arm injury was noticed upon deceased husband of the informant. While concluding the argument, it is submitted that petitioner found involved in one more criminal case where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that petitioner was found equipped with fire arm in terms of FIR alongwith co-accused Sonu Kumar.
7. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.1591 of 2026(2) dt.12-02-2026 3/3 taking note of fact as the narration of FIR, prima-facie creates a doubt regarding claims of informant being an eye witness of the occurrence, coupled with fact as investigation of this case already completed where petitioner remains in custody since 04.03.2025, accordingly petitioner above named, is directed to be released on bail in connection with Ladaniya P.S. Case No. 31 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned DASJ II, Madhubani /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T