Patna High Court
Vidyasagar Yadav @ BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a bond of Rs.15,000 with two sureties and conditions of appearance.
Summary
The petitioner, Vidyasagar Yadav, sought bail in a case registered under Sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, relating to an alleged unnatural death. The prosecution alleged that a dead body was recovered and that the petitioner was implicated during investigation, though his name was not in the FIR and no specific overt act was attributed to him. The petitioner argued false implication, lack of eyewitnesses, and highlighted his prolonged custody since September 2025 and prior criminal antecedents. The State opposed bail, but the court considered the parity with a co‑accused who had already been granted bail and the duration of custody. Consequently, the court granted bail on condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and mandatory appearance at every trial date.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.
- Whether the absence of a specific overt act and the length of pre‑trial custody justify the grant of bail.
- Whether the conditions imposed (bond, sureties, appearance requirement) are appropriate and sufficient.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- Section 61(2)
- unnatural death
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2555 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- KOPA District- Saran
======================================================
Vidyasagar Yadav @ Bablu Son of Sipahi Yadav @ Sipahi Prasad Yadav
Resident of Village- Sartharwa, P.S.- Darauli, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 23-02-2026 Heard Mr. Ajay Kumar Tiwary, learned counsel for
the petitioner and Mr. Choubey Jawahar, learned APP for the
State.
2. The petitioner seeks bail in connection with Kopa
P.S. Case No. 215 of 2025 instituted for the offences under
Sections 103, 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that police recovered a
dead body and a case of unnatural death was registered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation and one Satish Yadav
identified the dead body as his brother Brajesh Yadav. No
Patna High Court CR. MISC. No.2555 of 2026(3) dt.23-02-2026
2/3
specific overt act is alleged against the petitioner. There is no
any eye-witness to the occurrence. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
07.09.2025 and has eight criminal antecedents. The co-accused
person has already been granted bail by a coordinate Bench of
this Court vide order dated 20.02.2026 passed in Cr. Misc. No.
83918 of 2025
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Kopa P.S. Case No.
215 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.2555 of 2026(3) dt.23-02-2026
3/3
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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