Created by Fuzzy Cloud

Patna High Court

Vijo YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to both petitioners, directing release upon bond and sureties subject to Section 482(2) conditions.

Summary

The petitioners, Vijo Yadav and his son Chandan Yadav, were named in an FIR for allegedly demanding Rs.5 lakh as extortion from a contractor involved in a community hall project and, upon non‑payment, allegedly firing 30‑40 rounds in the air. The FIR charges them under multiple sections of the Bihar Penal Code and Section 27 of the Arms Act. The petitioners contended that the firing was not intended to cause death and that the extortion allegation was vague and omnibus, with no money actually paid. The State opposed bail, but the court noted the lack of specific intent and the general nature of the allegations. Accordingly, the court ordered that both petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious charges under the Bihar Penal Code and Arms Act
  • Whether the FIR allegations constitute a specific charge sufficient to deny bail
  • Applicability of Section 482(2) of the Bihar Criminal Procedure Code in granting bail

Legislation cited

Subjects

  • bail
  • extortion
  • firing
  • omnibus FIR
  • Section 482
  • Arms Act
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42843 of 2026
                 Arising Out of PS. Case No.-49 Year-2026 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
           1.     Vijo Yadav S/o Ganga Yadav Resident of Village- Tikarampur Bihari, Marar,
                  P.S.- Muffasil, District-Munger
           2.     Chandan Yadav S/o Binod Yadav @ Vijo Yadav Resident of Village-
                  Tikarampur Bihari, Marar, P.S.- Muffasil, District-Munger
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jyoti Ranjan Jha
                 For the Opposite Party/s :      Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026                    Heard the parties.

                                2.The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Muffasil P.S.

                   Case No. 49 of 2026 registered for the offences punishable

                   under Sections 126(2), 15(2), 118(1), 109, 308(3), 352,

                   351(2), 191(2), 191(3), 190 of BNS and Section 27 of

                   Arms Act.

                                3. As per FIR, petitioners alleged to demand

                   extortion money of Rs. 5 lakh from informant alongwith

                   other named 13 co-accused persons against construction of

                   community hall, where informant is a contractor and when

                   the extortion money was not paid firing was made by
Patna High Court CR. MISC. No.42843 of 2026(2) dt.07-07-2026
                                            2/3




          accused persons including petitioners.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that as per FIR, 30-40 rounds of

          firing was made in air. It is submitted that the allegation

          itself suggests that petitioners and other co-accused persons

          were not under intention to cause death of informant and

          other during the occurrence, therefore, the firing was made

          in air. It is submitted that no money in furtherance of

          extortion demand was paid by the informant to any of the

          petitioners, and moreover, the allegation of firing and also

          demanding extortion money is appearing very general and

          omnibus against all 13-14 accused persons including

          petitioners. It is pointed out that petitioner no. 2 is son of

          petitioner no. 1. It is submitted that petitioners found

          involved in two more criminal cases, where they are on bail.

                          5. Learned APP opposes the prayer of bail.

                       6. In view of aforesaid factual submission and by

          taking note of fact as allegation qua demanding extortion

          money and also of firing appears very much general and

          omnibus against petitioners, where admittedly no money was
               Patna High Court CR. MISC. No.42843 of 2026(2) dt.07-07-2026
                                                           3/3




                         paid in furtherance of extortion demand, accordingly both

                         above-named petitioners, in the event of their arrest or

                         surrender before the court below within a period of four

                         weeks, are directed to be released on bail, furnishing bail

                         bond of Rs. 10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of the

                         learned CJM, Munger /concerned Court, where the case is

                         pending in connection with Muffasil P.S. Case No. 49 of

                         2026, subject to the conditions as laid down under Section

                         482(2) of BNSS.


                                                                    (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.