Patna High Court
Vidya Sagar @ Vidya Sagar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Vidya Sagar Yadav was arrested in connection with a case involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault, outraging modesty, theft and intimidation. The prosecution alleged that the accused assaulted the informant's family, stole cash and jewellery, and threatened them during a house construction. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him and that he merely acted as an order‑giver, also noting his lack of prior criminal record. The State opposed bail, but the court observed the absence of a specific allegation against the petitioner and the length of his custody. Consequently, the court granted bail on a cash bond with two sureties and imposed conditions regarding family surety, regular appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged offences and the lack of specific allegations against him
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 76
Subjects
- bail
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- theft
- outraging modesty
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5841 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Vidya Sagar @ Vidya Sagar Yadav S/O Naresh Yadav R/O Vill.- Garhi
Bishanpur,P.s-Lakhisarai,Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
For the Informant : Mr. Om Prakash Maharaj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Lakhisarai P.S. Case No. 14 of 2025 instituted for the offences
under Sections 191(2), 191(3), 190, 126(2), 115(2), 303(2), 109,
76, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused
persons assaulted the informant’s family during house
construction, causing injuries, outraging the modesty of his
mother, snatching cash and jewellery, and threatening them to
stop construction.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.5841 of 2026(2) dt.28-01-2026
2/3
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The specific
allegation is against the co-accused Punam Devi. The only role
attributed to the petitioner is of order giver. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 20.11.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no specific allegation of assault against
the petitioner as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Lakhisarai P.S. Case
No. 14 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.5841 of 2026(2) dt.28-01-2026
3/3
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…