Patna High Court
Vijo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109, 118(1), 126(2), 15(2), 190, 191(2), 191(3), 308(3), 351(2), 352
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
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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
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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
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