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Patna High Court

Bechan Yadav @ Bechan Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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
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                         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


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