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Patna High Court

Vijay Yadav @ Vijo Yadav @ VijoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and sureties.

Summary

The petitioner Vijay Yadav was arrested in connection with a case registered under Giriyak Police Station (Case No. 534 of 2025) for alleged stone‑pelting and firing at the residence of Abhinash Kumar. The prosecution alleged that Yadav, along with other co‑accused and several unknown persons, committed offences punishable under Sections 189(4), 189(5), 190, 191(3), 109, 111 of the Bihar Negotiable Statutes and Sections 25(1‑Ba), 26, 27, 35 of the Arms Act. The petitioner contended that he was falsely implicated, that no injury was caused, and that the case against him was based solely on a confessional statement; he had been in custody since 7 December 2025. He applied for regular bail, while the State opposed the application. After considering the facts, the court held that bail could be granted provided the petitioner executed a bail bond of Rs 10,000 with two sureties of equal amount and complied with conditions to cooperate with the trial. Accordingly, the petitioner was ordered to be released on bail subject to those conditions.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Arms Act and other statutes
  • Whether the circumstances of alleged false implication and absence of injury justify the grant of bail

Legislation cited

Subjects

  • regular bail
  • stone pelting
  • arms offences
  • bail bond
  • surety
  • criminal procedure
  • pre‑trial detention
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9152 of 2026
                       Arising Out of PS. Case No.-534 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Vijay Yadav @ Vijo Yadav @ Vijo S/o- Rupa Yadav @ Roopa Yadav R/O
                 Village- Nichali Bazar, Giriyak,P.S - Giriyak, District - Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   26-02-2026                     Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Giriyak P.S. Case No. 534 of 2025, registered for the offences

                   punishable under Sections 189(4), 189(5), 190, 191(3), 109, 111 of

                   the BNS and Section 25(1-B)a, 26, 27, 35 of the Arms Act.

                                3. As per the prosecution case, the petitioner along with

                   other FIR named co-accused persons and 10-12 unknown persons,

                   are said to have pelted stones and fired at the house of Abhinash

                   Kumar.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that none has suffered any kind

                   of injury. It has further submitted that the petitioner’s name has
             Patna High Court CR. MISC. No.9152 of 2026(2) dt.26-02-2026
                                                         2/2




                       been figured on the basis of confessional statement. The petitioner

                       is in custody since 07.12.2025.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail of the petitioner.

                                    6.   Considering        the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to

                       furnish bail bond and on doing so, the court below shall release the

                       petitioner on bail on furnishing bail bonds of Rs.10,000/- with two

                       sureties of the like amount each to the satisfaction of learned Chief

                       Judicial Magistrate, Nalanda at Bihar Sharif in connection with

                       Giriyak P.S. Case No. 534 of 2025, subject to the following

                       conditions that the petitioner shall cooperate in the disposal of

                       trial and make himself available as and when required by the

                       court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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