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Patna High Court

Vijay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Regular bail is allowed on the same terms as the earlier order dated 10 May 2023.

Summary

Vijay Yadav was arrested in connection with a case registered under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act. An earlier bail order dated 10 May 2023 had been granted subject to the framing of charge, but the bail bond was later cancelled and the petitioner remained in custody from 19 December 2025. The petitioner filed a second application for regular bail. The State opposed the application, arguing that the bail bond had been cancelled and serious offences were involved. The Court examined whether regular bail could be granted despite the cancellation of the earlier bail bond and the pending serious charges. It held that regular bail could be granted on the same terms as the earlier order, and therefore allowed the application.

Issues considered

  • Whether regular bail can be granted to an accused whose earlier bail bond has been cancelled and who is charged with serious offences under the IPC and Arms Act.

Legislation cited

Subjects

  • regular bail
  • bail bond cancellation
  • IPC
  • Arms Act
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13146 of 2026
                      Arising Out of PS. Case No.-322 Year-2021 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 Vijay Yadav S/O Heman Yadav R/O Village- Magahi, P.s.- Laxmipur, District-
                 Jamui

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                  Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Laxmipur P.S. Case No. 322 of

                   2021 registered for the offence under Sections 147, 148, 149,

                   341, 323, 324 and 307 of Indian Penal Code and Section 27 of

                   Arms Act. Earlier the bail application of the petitioner was

                   allowed vide order dated 10.05.2023 passed in Cr. Misc. No.

                   50878 of 2022 subject to framing of charge.

                                3. Learned counsel for the petitioner submits that the

                   bail bond of the petitioner has been cancelled and he is in

                   custody since 19.12.2025.

                                4. Learned APP for the State has opposed the prayer

                   for regular bail of the petitioner.

                                5. Considering the aforesaid facts, this application for
              Patna High Court CR. MISC. No.13146 of 2026(2) dt.25-02-2026
                                                          2/2




                        regular bail is allowed on the same terms as of earlier order

                        dated 10.05.2023 passed by this Court in Cr. Misc. No.

                        50878/2022.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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