Patna High Court
Vijay Yadav @ VijaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Vijay Yadav, was charged under Sections 302, 201 and 34 of the Indian Penal Code for the murder of an informant's father. The prosecution alleged that the petitioner had confessed and that co‑accused had given detailed confessional statements, while the petitioner’s counsel maintained his innocence and highlighted the lack of any statement against him. The petitioner had been in custody for one and a half years and sought regular bail, noting that co‑accused in similar circumstances had already been released on bail by other benches of the Court. The court considered the prolonged incarceration, the precedent of bail to co‑accused, and the absence of a direct confession against the petitioner. Consequently, the court ordered the release of the petitioner on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial and local surety requirements.
Issues considered
- Whether regular bail should be granted to an accused in a murder case (IPC §§302, 201, 34) after prolonged pre‑trial detention
- Whether the grant of bail to co‑accused on similar facts mandates bail for the petitioner
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC
- regular bail
- pre‑trial detention
- co‑accused
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30450 of 2025
Arising Out of PS. Case No.-47 Year-2024 Thana- NAURANGIA District- West Champaran
======================================================
Vijay Yadav @ Vijai S/o- Mangru Yadav @ Magaru @ Magaru Yadav
Village- Bodhichhapar, P.S.- Hanumanganj, District- Kushinagar, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Singh
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 06-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Naurangiya P.S. Case No. 47 of 2024, registered for the
offences punishable under Sections 302, 201 and 34 of the
Indian Penal Code.
3. As per the prosecution case, the informant’s father
went to graze his cattle but did not return, thereafter, his dead
body was found in a nala. It is further submitted that earlier the
petitioner and the co-accused persons had threatened his father
that he would be killed within a period of six months.
4. The learned Senior Counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated in this case. None has seen the occurrence and except
Patna High Court CR. MISC. No.30450 of 2025(5) dt.06-01-2026
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for the confessional statement, there is nothing against the
petitioner. He has further submitted that although the bail
petition of the petitioner was rejected earlier, the petitioner is
renewing his prayer for bail on the ground of prolonged
incarceration of one and a half years. He has also submitted that
other co-accused persons on exactly similar footing, have been
granted bail by coordinate Benches of this Court. The charges
have been framed.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that the petitioner has
confessed his guilt. The co-accused persons have given a vivid
description of the entire occurrence, including their roles, in
their confessional statements.
6. Considering the above-mentioned facts and
circumstances especially considering the period of
incarceration, as well as the fact that other co-accused persons
on similar footing have been granted bail by coordinate Benches
of this Court, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned ACJM-II, Bagaha, West Champaran in connection with
Patna High Court CR. MISC. No.30450 of 2025(5) dt.06-01-2026
3/3
Naurangiya P.S. Case No. 47 of 2024, subject to the following
conditions that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
7. One of the bailors should be of local residents.
8. The petitioner shall cooperate in the disposal of
trial and make himself available on each and every date till
conclusion of the trial.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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