Patna High Court
Vishal Yadav @ Bishal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail must be granted where the accusation is general and omnibus and the prosecution has not established a specific overt act against the petitioner.
Summary
Vishal Yadav was arrested in connection with a case registered under Sections 103(1), 61 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging that ten accused and unknown persons indiscriminately fired, causing the death of an informant's son. The petitioner contended that he committed no offence, pointing out that the post‑mortem report showed only a single firearm injury and that the FIR made a general, omnibus allegation without specifying any overt act by him. The State opposed the bail application, insisting on the seriousness of the charges. The court examined the nature of the accusation, the lack of specific evidence against the petitioner, and the period of his custody since 16‑12‑2025. Finding the prosecution case weak and the charge‑sheet overly vague, the court allowed regular bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted when the charge is general and omnibus and lacks specific evidence of an overt act by the accused.
- Whether the prosecution has sufficiently established the petitioner’s participation in the alleged firing.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61
Subjects
- bail
- general and omnibus accusation
- Arms Act
- criminal procedure
- post‑mortem evidence
- evidence insufficiency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26511 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Vishal Yadav @ Bishal Yadav S/o Surendra Yadav @ Surendra Kumar Yadav
R/o Village - Titra, P.S.- Mairwa, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P.
For the Informant : Mr. Dhananjay Kumar Shahi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in Mairwa P. S. Case No.
136 of 2025 registered for the offences punishable under
Sections 103(1), 61 and 3(5) of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. As per prosecution case, all 10 F.I.R. named
accused persons, including this petitioner, along with 2 to 3
unknown persons, indiscriminately fired as a result of which,
son of informant died.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
As per F.I.R., all 10 named accused persons, along with 2 to 3
unknown persons, indiscriminately fired upon son of informant,
Patna High Court CR. MISC. No.26511 of 2026(2) dt.08-05-2026
2/2
however, as per post-mortem report, only one firearms injury
was found on the body of the deceased, which itself falsifies the
entire prosecution case. Allegation of firing is general and
omnibus and no specific accusation of overt act has been alleged
against this petitioner. Moreover, charge-sheet has already been
submitted and petitioner is in custody since 16.12.2025.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant vehemently opposed the
prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during course of investigation and period of
custody, the prayer for grant of regular bail to the petitioner is
allowed.
7. Accordingly, let the above named petitioner 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 Additional Chief Judicial Magistrate-V,
Siwan in connection with Mairwa P.S. Case No. 136 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
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