Vijay Yadav @ Vijay Prasad YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81057 of 2025
                       Arising Out of PS. Case No.-171 Year-2025 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Vijay Yadav @ Vijay Prasad Yadav Son of Late Mauje Yadav @ Mauje
                 Ray Resident of Village - Dharmana @ Dharbana, Police Station -
                 Dumra, District - Sitamarhi.
                                                                      ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs.Jyoti Kumari, Advocate
                 For the State            :        Mr.Yogendra Kumar Singh, APP
                 For the informant        :        Mr.Sanjay Kumar, Advocate
                                                   Mr.Mahendra Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   09-01-2026                   Heard learned counsel appearing on behalf of the

                   petitioner, learned A.P.P. for the State and learned counsel

                   for the informant.

                                2. The accused/petitioner seeks bail in connection

                   with Dumra P.S. Case No. 171 of 2025 registered for the

                   offences under Sections 103(1), 103(2) and 61 of the

                   Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                                3. A report regarding progress of trial was also called

                   for from the learned trial court which was not made available

                   to this Court today, but Ms. Jyoti Kumari, learned counsel

                   appearing for the petitioner, made statement at bar that no

                   prosecution witness was examined in this case and this case
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          was committed to the court of session only on 05.01.2026.

                      4. The accused/petitioner is named in the First

          Information Report and is in custody since 03.06.2025.

                      5. As per FIR, the son of the informant was

          assaulted by 26 named and seven unknown persons on the

          pretext of checking his two laptops out of certain suspicion

          (not disclosed). It is alleged that son of the informant was

          taken away to the nearby room where he was physically

          assaulted by co-accused Rajesh Yadav by using knife and also

          by Vijay Yadav (petitioner) by using electric shock.

                      6. It is submitted by learned counsel appearing on

          behalf of the petitioner that several accused persons have

          been granted bail by different learned coordinate Benches of

          this Court through Cr. Misc. No. 56517 of 2025 dated

          17.10.2025; Cr. Misc. No. 62826 of 2025 dated 17.09.2025;

          Cr. Misc. No. 71767 of 2025 dated 12.11.2025; Cr. Misc. No.

          71990 of 2025 dated 12.11.2025 and Cr. Misc. No. 73020 of

          2025 dated 12.11.2025.

                      7. It is also submitted that through Cr. Misc. No.

          56517 of 2025, the co-accused Rajesh Yadav who was
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          specifically alleged through FIR to cause multiple knife injury

          upon deceased, was also granted bail considering the nature

          of allegation general and omnibus.

                      8. It is also pointed out that no knife injury as

          alleged was found upon post-mortem and, therefore, the

          implication appeared as an afterthought to implicate

          petitioner falsely with present case, however, it is conceded

          that cause of death was due to electric shock and physical

          assault. It is submitted that informant raised specific

          allegation through FIR that this petitioner given an electric

          shock to the deceased son of the informant during the

          occurrence but in this connection, an attention of this Court

          was drawn towards para 41 of the case diary, where re-

          statement of the informant was recorded during course of

          investigation, where it is alleged that it was Rajesh Yadav (co-

          accused) who has been granted bail as discussed aforesaid,

          and his family members without specifying name of this

          petitioner, by giving multiple blow of knife and also by giving

          electric shock killed his son during the occurrence, which

          appears to be taken place inside a closed room and, therefore,
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          the specific role attributed to petitioner also appears doubtful.

                      9. While concluding argument, it is submitted that

          petitioner is a man of clean antecedent and, moreover,

          investigation of this case is already concluded, for which

          charge-sheet has been submitted and as such, there is no

          chance of tampering with the evidence.

                      10. Learned A.P.P. for the State duly assisted by Mr.

          Mahendra Thakur, learned counsel appearing for the

          informant, while opposing the prayer of bail of the petitioner,

          submitted that the allegation to give electric shock is

          specifically available against this petitioner which appears

          corroborating with post-mortem report as cause of death.

          However, learned counsel for the informant could not

          disputed the re-statement made by informant during course

          of investigation as available under para 41 of the case diary

          where he missed to name this petitioner and in very general

          and omnibus manner raised allegation qua electric shock that

          it was given by Rajesh Yadav and his family members.

                      11. In view of aforesaid factual submission and by

          taking note of the fact as the informant fails to name this
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                     petitioner while recording his re-statement, as discussed

                     aforesaid, to cause electric shock, as alleged through FIR,

                     coupled with the fact that investigation of this case is already

                     completed, where petitioner remains in custody since

                     03.06.2025, accordingly, above-named petitioner is directed

                     to be released on bail, furnishing bail bond of Rs. 10,000/-

                     (Rupees Ten Thousand only) with two sureties of the like

                     amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Sitamarhi/concerned court, in connection with

                     Dumra P.S. Case No. 171 of 2025, subject to the condition as

                     laid down under Section 437(3) Cr.P.C/Section 480(3) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T