Patna High Court
Vijay Yadav @ Vijay @ Ranvijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied bail to the petitioner, holding that the trial's advanced stage and seriousness of the offences preclude regular bail at this time.
Summary
The petitioner, Vijay Yadav, was charged with several offences under the Bihar Non‑Statutory (BNS) provisions and Section 27 of the Arms Act, alleged to have participated in a violent mob attack that resulted in the death of an informant's uncle. He sought regular bail, arguing that the earlier bail application had been rejected and that the trial was at its fag end with all witnesses examined. The prosecution contended that the petitioner, along with a large armed group, had indiscriminately fired upon a house, causing the fatal injury. The court examined the FIR and noted that the allegations were broad and omnibus, but emphasized the seriousness of the charges and the advanced stage of the trial. Considering these factors, the judge declined to grant bail, allowing the petitioner to re‑apply after three months if the trial remained pending.
Issues considered
- Whether regular bail can be granted at the stage of trial when it is at its fag end for offences including murder and offences under the Arms Act
- Whether the general and omnibus nature of the allegations affects the grant of bail
Legislation cited
- Arms Act — s. 27
- Bihar Non‑Statutory (BNS) — s. 103, 109, 190, 191, 305, 331, 61, 76
Subjects
- bail
- criminal procedure
- trial at fag end
- arms act
- murder
- general allegations
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82928 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- BHARGAMA District- Araria
======================================================
Vijay Yadav @ Vijay @ Ranvijay Yadav S/O Bhupendra Yadav @ Bhaiyalal
Yadav Resident of Village- Pothiya Tola, Panchayat Sirsiya Kala ward no. 07,
Police Station- Bhargama, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191 (2),
191 (3), 190, 109, 103 (1), 331 (4), 305, 76 and 61 (2) of the
BNS and Section 27 of the Arms Act.
3. Learned counsel for the petitioner has submitted
that the earlier bail petition of the petitioner was rejected vide
order dated 16.06.2025. It is further submitted that the stage of
trial report was called for from the learned trial court and, from
perusal of the said report, it is evident that all the witnesses have
already been examined and the trial is at its fag end.
4. As far as the case of the prosecution is concerned, it
Patna High Court CR. MISC. No.82928 of 2025(4) dt.17-04-2026
2/2
is alleged that the petitioner, along with 25 to 30 unknown
persons, all armed with deadly weapons and riding on bikes,
tractors and trailers, reached the place of occurrence. On seeing
the informant, the co-accused Bhupendra Yadav ordered his
associates to surround the house and kill the family members,
upon which the accused persons started indiscriminate firing. As
a result of the gunshot injuries, the uncle of the informant died.
5. Learned counsel for the petitioner has further
submitted that, from perusal of the FIR, it is clear that the nature
of allegations against the petitioner is general and omnibus.
6. Considering the entire facts and circumstances of
the case, and in view of the fact that the trial is at its fag end, I
am not inclined to grant bail to the petitioner at this stage which
is accordingly rejected. However, the petitioner is at liberty to
renew his prayer for bail after three months, if the trial is not
concluded by then.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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