Patna High Court
Vipin Yadav @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to bail and is ordered to be released upon furnishing the prescribed bail bond.
Summary
Vipin Yadav was arrested in connection with a shooting incident alleged to have injured a man's leg, and was charged under sections 126(2), 352, 351(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. He contended that he was falsely implicated due to a prior dispute and pointed out that the co‑accused, Sona Singh, had already been released on bail. The petitioner had been in custody since 5 August 2025, more than six months, and had no prior criminal record. The State opposed the bail application. The Court, noting the similarity of the allegations to those against Sona Singh, the lengthy pre‑trial detention, the submission of the charge‑sheet, and the petitioner’s clean antecedent, ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be satisfied before the Chief Judicial Magistrate, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the prolonged pre‑trial detention of more than six months warrants the grant of bail.
- Whether the bail granted to a co‑accused (Sona Singh) influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- prolonged detention
- pre‑trial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88672 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- TARAIYA District- Saran
======================================================
Vipin Yadav @ Vipin Kumar, Son of Kripal Yadav @ Ram Kripal Rai,
Resident of Village- Kharanti, PS- Tariya, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Taraiya P.S. Case no.241
of 2025, registered under sections 126(2), 352, 351(2), 109 and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the
Arms Act.
3. As per the prosecution case, over a previous
dispute, the informant states that the petitioner and one another
namely Sona Singh shot her husband causing firearm injury in
his leg.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of
previous dispute between the parties which is evident from the
contents of the F.I.R. itself. The case of the petitioner stands on
Patna High Court CR. MISC. No.88672 of 2025(3) dt.23-02-2026
2/2
a similar footing to that of co-accused Sona Singh who has been
enlarged on bail vide order dated 17.1.2026 passed in Cr. Misc.
no.84568 of 2025. The petitioner is in custody since 5.8.2025
and has no criminal antecedent. Charge-sheet has been
submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
allegations against the petitioner being similar to that of
co-accused Sona Singh who has been enlarged on bail vide
aforesaid order dated 17.1.2026, the petitioner being in custody
for more than 6 months since 5.8.2025, charge-sheet having
been submitted in the case and the petitioner not having any
criminal antecedent, the petitioner is directed to be enlarged on
bail in connection with Taraiya P.S. Case no.241 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Saran at Chapra.
(Partha Sarthy, J)
avinash/-
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