Patna High Court
Vishnudeo Lijpuriya @ Vishnudeo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner was granted regular bail.
Summary
Vishnudeo Lijpuriya applied for regular bail in a case (PS Laukaha Case No. 84 of 2023) involving serious offences under IPC sections 147, 148, 149, 341, 323, 324, 307, 302, 120B, 504 and Section 27 of the Arms Act. The prosecution alleged that co‑accused Prabhas Kumar, Priyesh Kumar and Durgesh Kumar fired at Naval Kumar, resulting in his death, and claimed the petitioner was part of the mob. The petitioner contended he had no overt act, was falsely implicated, had a clean record, and pointed to similar co‑accused who had already been granted bail by other benches. The State opposed bail, asserting the petitioner’s active participation. The Court, noting the absence of a specific allegation against the petitioner, the submission of the charge‑sheet, lack of evidence tampering, and the precedent of bail to similarly situated co‑accused, ordered bail on a bond of Rs. 10,000 with two sureties. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the charges and alleged participation in the incident
- Whether the lack of a specific overt act against the petitioner and the precedent of bail to co‑accused justify granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 307, 323, 324, 341, 504
Subjects
- regular bail
- IPC
- Arms Act
- murder
- attempted murder
- mob violence
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14735 of 2026
Arising Out of PS. Case No.-84 Year-2023 Thana- LAUKAHA District- Madhubani
======================================================
Vishnudeo Lijpuriya @ Vishnudeo Yadav Son of Late Bauwelal Lijpuriya
Resident of Village- Sahorba, PS- Laukaha, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Laukaha P.S. Case No.
84 of 2023 registered for the offences punishable u/s 147, 148,
149, 341, 323, 324, 307, 302, 120B, 504 of the I.P.C. and
Section 27 of the Arms Act.
3. As per the prosecution case, co-accused, namely,
Prabhas Kumar is alleged to have fired at Naval Kumar (cousin
of the informant) by means of katta due to which he sustained
injury. Thereafter, co-accused Priyesh Kumar and Durgesh
Kumar also fired at Naval Kumar as as result of which the bullet
hit his throat, subsequently, he was taken to the hospital where
the doctor declared him dead.
Patna High Court CR. MISC. No.14735 of 2026(2) dt.12-03-2026
2/3
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of the being a member of mob in
the said occurrence. There is no overt act alleged against the
petitioner while the allegation of firing is against co-accused
Prabhas Kumar, Priyesh Kumar and Durgesh Kumar. As per the
Annexure P/3 series, it is evident that similarly situated co-
accused persons, namely, Laxmi Kumar, Roshan Kumar Yadav
and Ramballah Yadav have already been granted the privilege of
bail by co-ordinate Benches of this Court vide orders dated
25.08.2023, 01.09.2023 and 17.08.2023 passed in Cr. Misc. No.
54219 of 2023, Cr. Misc. No. 57557 of 2023 and Cr. Misc. No.
52180 of 2023 respectively. It is also submitted that the
petitioner has clean criminal antecedent and is in custody since
23.10.2025. It is lastly submitted that the charge sheet has been
submitted and there is no allegation of tampering with the
evidence.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner and submitted that the petitioner has actively
participated in the said occurrence.
6. Considering the aforesaid submissions of the
Patna High Court CR. MISC. No.14735 of 2026(2) dt.12-03-2026
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parties and taking into account the facts that similarly situated
co-accused persons have already been granted the privilege of
bail by co-ordinate Benches of this Court and there is no overt
act against the petitioner coupled with the fact that the charge
sheet has been submitted and there is no allegation of
tampering, let the petitioner above-named, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Madhubani, in connection with
Laukaha P.S. Case No. 84 of 2023.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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