Patna High Court
Bechan Yadav @ Bechan Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on furnishing a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Bechan Yadav, sought bail in a case where he was named in an FIR alleging indiscriminate firing that resulted in a death. The FIR listed offences under Sections 191(2), 191(3), 190, 103(1), 109 of the BNS, 2023 and Section 27 of the Arms Act, but the petitioner's counsel argued that no specific act was attributed to him. The prosecution opposed bail, noting a separate pending case, while pointing out that co‑accused had already been released on bail by other benches. The court observed the lack of a specific allegation against the petitioner and the precedent of bail to co‑accused, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedent. The bail order was issued without delay for verification.
Issues considered
- Whether the petitioner is entitled to bail despite being named only in a generic FIR allegation
- Whether the absence of a specific allegation of assault or firing against the petitioner warrants grant of bail
- Whether the petitioner’s other pending case and criminal antecedent affect the bail decision
Legislation cited
Subjects
- bail
- FIR
- generic allegation
- Arms Act
- Bihar
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17580 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Bechan Yadav @ Bechan Prasad Yadav S/o Late Bhuvneshwar Yadav R/vill-
Shankerpur, Milki Tola, P.S.- Muffasil, Distt- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jyoti Ranjan Jha, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-03-2026 Heard Mr.Jyoti Ranjan Jha, learned counsel for the
petitioner and Mr.Ashok Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.12.2025 in connection with Mufassil P.S. Case No. 79 of
2025, F.I.R. dated 15.03.2025 registered for the offence
punishable under Sections 191(2),191(3),190,103(1),109 of
BNS, 2023 and Section 27 of Arms Act.
3. According to prosecution case, all the FIR named
accused persons including the petitioner came at the door of the
informant and made indiscriminate firing upon which informant
and his family members due to which informant’s son died
during treatment.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.17580 of 2026(2) dt.18-03-2026
2/4
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Further submits that from a bare perusal of
the FIR it appears that although petitioner is named in the FIR
but there is no specific allegation of any assault, overt-act or
firing attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner and co-accused person, namely, Anil Yadav, against
whom the similar allegation, has been granted bail by this Court
vide order dated 27.01.2026 passed in Cr. Misc. No.82209 of
2025, co-accused person, namely, Mintu Yadav @ Mantu Yadav
has been granted bail by a Coordinate Bench of this Hon’ble
Court vide order dated 20.02.2026 passed in Cr. Misc. No.80761
of 2025 and co-accused person, namely, Devan Yadav has been
granted bail by a Coordinate Bench of this Hon’ble Court vide
order dated 20.02.2026 passed in Cr. Misc. No.90350 of 2025
respectively. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 16.12.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
Patna High Court CR. MISC. No.17580 of 2026(2) dt.18-03-2026
3/4
present one but he fairly submits that the petitioner is on bail in
the case case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, there is no specific
allegation of any assault, overt-act or firing attributed against
the petitioner and co-accused persons have been granted bail by
different Coordinate Benches of this Hon’ble Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Munger in connection with Mufassil P.S. Case No.
79 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) 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.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.17580 of 2026(2) dt.18-03-2026
4/4
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…