Patna High Court
Birendra Yadav @ Brahmdeo Yadav @ Virendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 and two sureties, under the inherent powers of Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Birendra Yadav, was implicated in a violent incident alleged to have occurred on 6 August 2020, involving multiple offences under the Indian Penal Code and the Arms Act, including murder. He claimed innocence, asserting that the informant who lodged the complaint was the actual assailant and that his wife had previously identified the informant as the perpetrator. The petitioner sought bail, arguing lack of specific overt acts against him and a clean antecedent, while the State opposed the bail. The court examined the seriousness of the charges, the petitioner’s claim of false implication, and the statutory provision allowing bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. Considering the circumstances, the court ordered bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482. The decision effectively released the petitioner pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the grave nature of the offences alleged under the IPC and Arms Act
- Whether the court can exercise its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita to grant bail in this case
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 341, 504
Subjects
- bail
- Indian Penal Code
- Arms Act
- Section 482
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80807 of 2025
Arising Out of PS. Case No.-309 Year-2020 Thana- SAUR BAZAR District- Saharsa
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Birendra Yadav @ Brahmdeo Yadav @ Virendra Yadav S/o Late Ghuran
Yadav R/o Vill- Pathraha, P.S.- Ghailarh, Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Vikram
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 147, 148, 149, 341,
323, 302, 120(B), 504 of the Indian Penal Code and Section 27
of the Arms Act.
3. The informant alleges that on 06.08.2020 at about
11.00 P.M., the petitioner along with 12 other accused persons
and 3-4 unknown came to the house of the informant, variously
armed, and shot his uncle when the deceased was resting on his
cot. He further alleges that the said occurrence took place on
account of dispute relating to land and it is specifically alleged
that it was co-accused Nirmal Kumar @ Angil Yadav, who shot
the deceased on his chest and co-accused Sarvesh Kumar shot
Patna High Court CR. MISC. No.80807 of 2025(2) dt.10-02-2026
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on the arms of the deceased, on account of which, he died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case by informant. Petitioner is son-in-law of the deceased. He
submits that wife of the deceased also instituted a case, vide
Sour Bazar P.S. Case No. 347 of 2020 wherein she has
specifically stated that it was informant of the present case, who
is assailant of her husband. No specific overt act has alleged
against this petitioner. Co-accused Nirmal Kumar @ Angil
Yadav has been granted regular bail by a coordinate Bench of
this Court, vide order dated 17.05.2022 passed in Cr.Misc. No.
71782 of 2021. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged 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
Judicial Magistrate I, Saharsa / concerned Court in connection
with Saur Bazar P.S. Case No. 309 of 2020, subject to condition
as laid down under Section 482 of the Bhartiya Nagrik Suraksha
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Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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