Patna High Court
Vijay Yadav @ Bijay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, ordering a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Vijay Yadav, was arrested in connection with a violent incident on 26 May 2023 in which the husband of an informant was assaulted, extorted for Rs 5 lakhs and shot multiple times by several co‑accused. The FIR lists offences under IPC sections 341, 342, 386, 302, 120(B), 504, 506 and Arms Act section 27, but the petitioner’s name does not appear in the FIR; he is mentioned only in the confessional statement of co‑accused Boua Yadav. The petitioner argued that he is innocent, has been falsely implicated, and that the sole basis for his charge is the co‑accused’s confession, citing that Boua Yadav had already been granted bail in a related case. The State opposed bail, emphasizing the seriousness of the charges and the petitioner’s antecedent of seven criminal cases. After hearing both sides, the Court held that the petitioner is entitled to bail, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the confession of a co‑accused is sufficient to justify denial of bail to the petitioner.
- Whether the seriousness of the offences and the petitioner’s criminal antecedents warrant the denial of bail.
- Whether the petitioner’s non‑inclusion in the FIR negates the prosecution’s case for continued custody.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 341, 342, 386, 504, 506
Subjects
- bail
- murder
- attempt to murder
- criminal conspiracy
- arms act
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8404 of 2026
Arising Out of PS. Case No.-200 Year-2023 Thana- MURLIGANJ District- Madhepura
======================================================
Vijay Yadav @ Bijay Yadav S/O Upendra Yadav R/O Village - Khirkhiriya
(Khiriyahi), P.S- Murliganj, (Arar), District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kr. Singh, Advocate
Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Murliganj P.S. Case No. 200 of 2023 registered for the
offence punishable under Sections 341, 342, 386, 302, 120(B),
504 and 506 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that on
26.05.2023 at about 10:00 A.M., the informant along with her
husband Dilip Kumar was going to Murliganj on his motorcycle
and as soon as they reached at about 1.5 K.M., from their house
in the village-Tilkoda, near the canal, he saw the named accused
persons and other unknown miscreants armed with weapon in
Patna High Court CR. MISC. No.8404 of 2026(2) dt.12-02-2026
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their hand surrounded the husband of the informant. The
informant and her husband got down from the motorcycle and
stood there. It is further alleged that Anil Yadav abused the
husband of the informant and demanded Rs.5 lakhs as ransom.
Thereafter, co-accused Sunil Verma ordered to kill the
informant’s husband. It is specifically alleged that Anil Yadav
fired which hit in the chest of the informant’s husband and Baua
Yadav fired which hit the chest near the arm of the informant’s
husband and co-accused Nitish Kumar fired which hit the
temporal region of the informant’s husband. It is further alleged
that co-accused Shravan Kumar and Vijay Kumar have also
fired which hit the body of the informant’s husband.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. it is clear that the name of this
petitioner is not there in the F.I.R. and there is no specific
allegation against him. His name has surfaced in the
confessional statement of co-accused Boua Yadav who is
alleged to have fired at the chest near the arm of the deceased.
Save and except the confessional statement of co-accused, there
is no allegation against this petitioner. He has been framed in
Patna High Court CR. MISC. No.8404 of 2026(2) dt.12-02-2026
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this case due to his antecedent. He is having criminal antecedent
of seven cases. He is languishing in judicial custody since
19.09.2025. It has also been submitted that co-accused Boua
Yadav has been granted bail by learned Co-ordinate Bench of
this Court vide Cr. Misc. No. 54044 of 2025. The case of this
petitioner stands on better footing.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
Additional Sessions Judge-IV, Madhepura in connection with
Murliganj P.S. Case No. 200 of 2023.
(Ashok Kumar Pandey, J)
lata/-
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