Patna High Court
Vijay Yadav @ Vijo Yadav @ VijoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 25(1-B)a, 26, 27, 35
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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