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Patna High Court

Vijay Yadav @ Vijay @ Ranvijay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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