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Patna High Court

Vishal YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Vishal Yadav applied for bail in a case registered under Sections 103(1), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act, alleging that he was falsely implicated in the murder of an informant’s father. The prosecution’s case relied on the informant’s claim that several Yadavs, including the petitioner, were involved, while the petitioner argued that his name does not appear in the FIR and he was only named in the confessional statements of co‑accused. He further contended that a similarly situated co‑accused had previously been granted bail. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court found the lack of direct evidence against the petitioner sufficient to justify bail and ordered his release on a bond of Rs 10,000 with two sureties. The petitioner had been in judicial custody since 14 October 2025.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary material (confessional statements of co‑accused and absence of the petitioner’s name in the FIR).
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • Arms Act
  • B.N.S.
  • prior criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20379 of 2026
                   Arising Out of PS. Case No.-495 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Vishal Yadav Son of Dudh Nath Yadav Resident of Pakari, P.S.- Krishnagarh,
                 District- Bhojpur, Ara



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarveshwar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Udwant Nagar P.S. Case No. 495 of 2025 registered for the

                   offence punishable under Sections 103(1), 3(5) of the B.N.S.,

                   2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that dead

                   body of the father of the informant was lying in pool of blood

                   and he was dead. The informant believes that Bunty Yadav,

                   Bhola Yadav, Shree Ram Yadav, Prabhat Yadav, Ritesh Yadav,

                   Vikash Yadav and Heera Devi have killed his father.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20379 of 2026(2) dt.10-04-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the name of the petitioner does not

          find place in the FIR. During the course of investigation, co-

          accused Vikash and Prabhat have given their confessional

          statement and they have named this petitioner. Save and except

          confessional statement of co-accused persons, there is nothing

          against the petitioner. He further submits that similarly situated

          other co-accused person has been granted bail by this court vide

          Cr. Misc. No. 4925 of 2026. The case of this petitioner stands on

          similar footing. Moreover, the petitioner is languishing in

          judicial custody since 14.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has criminal

          antecedent of two cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Bhojpur at Ara in connection with Udwant
           Patna High Court CR. MISC. No.20379 of 2026(2) dt.10-04-2026
                                                       3/3




                     Nagar P.S. Case No. 495 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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