Patna High Court
Vishu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted regular bail to the petitioner on condition of furnishing bail bonds and sureties.
Summary
Vishu Yadav, aged about 55, applied for regular bail in a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from an alleged assault on 15 November 2025. The prosecution alleged that co‑accused Prince Kumar assaulted the informant’s brother with an iron rod, while other accused threatened with a pistol; the petitioner was said to be implicated only because he is the father of Prince Kumar. The petitioner’s counsel argued that there is no specific allegation against him, he has no criminal antecedents and has been in judicial custody since 30 November 2025. The State opposed the bail. After considering the facts, the court held that the petitioner is entitled to bail and ordered him released upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount. The application for bail was allowed.
Issues considered
- Whether regular bail can be granted to Vishu Yadav, who is not directly charged but is implicated solely as the father of a co‑accused, under the provisions of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 329(3), 3(5), 351(3), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- father of co‑accused
- no antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15449 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- SHAMPUR District- Munger
======================================================
Vishu Yadav, aged about 55 years, male, son of late Heengan Yadav Resident
of village Raghunathpur, Police Station Shampur, Dist. Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
Mr.Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Shampur P. S. Case No. 131 of 2025 dated 16.11.2025,
registered under Sections 126(2), 115(2), 109(1), 329(3), 351(3),
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on account of
previous enmity an occurrence took place on 15.11.2025 at
about 1:00 A.M., when the informant’s elder brother, Chandan
Kumar was milking a buffalo. It is alleged that co -accused
Prince Kumar assaulted him with an iron rod on the head and
face with an intention to kill, as a result of which, he sustained
serious injuries. When the informant tried to intervene, he was
Patna High Court CR. MISC. No.15449 of 2026(2) dt.12-03-2026
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also assaulted. It is further alleged that co-accused Ashok Yadav
threatened the informant with a pistol while other accused
persons instigated the assault, after which the injured was taken
to hospital for treatment.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the specific allegation
of assault is against co-accused Prince Kumar, who is said to
have assaulted the brother of the informant with an iron rod,
causing him serious injuries. There is no specific allegation of
assault against the petitioner. The petitioner has been implicated
in this case only on the ground that he happens to be the father
of the said co-accused, Prince Kumar. It is further submitted that
there is long standing enmity between the parties. Lastly, it is
submitted that the petitioner is in judicial custody since
30.11.2025 and has no criminal antecedents.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.15449 of 2026(2) dt.12-03-2026
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each to the satisfaction of the learned A.C.J.M. Ist Munger, in
connection with Shampur P.S. Case No. 131 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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