Patna High Court
Vishnudev Yadav @ Bishnudev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
In the absence of any specific overt act attributed to the petitioners, the Court held that regular bail should be granted.
Summary
Vishnudev Yadav and Indra Kumar were named among 22 accused in an FIR relating to a land‑dispute‑turned‑murder where a house was set on fire, resulting in the death of a husband. The petitioners contended that they were falsely implicated, had no criminal antecedent, and no specific overt act was alleged against them. The State opposed bail, citing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita, 2023. The Court examined the FIR, noted the absence of any particular act attributed to the petitioners, considered their six‑month pre‑trial detention and the filing of the charge‑sheet, and concluded that bail was appropriate. Accordingly, the Court ordered regular bail on a bond of Rs.10,000 with two sureties for each petitioner.
Issues considered
- Whether regular bail can be granted to petitioners named in a serious FIR where no specific overt act is alleged against them.
- Whether the length of pre‑trial detention and the filing of a charge‑sheet affect the bail decision.
- Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 precludes bail in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 126(2), 127(2), 190, 191(2), 191(3), 303(2), 308(6), 324(6), 326(g), 351(2), 351(3), 352
Subjects
- regular bail
- false implication
- arson
- murder
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91778 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- BHARGAMA District- Araria
======================================================
1. Vishnudev Yadav @ Bishnudev Yadav S/o Ram Avatar Yadav
2. Indra Kumar S/o Kirtu Yadav @ Krityanand Yadav
Both Resident of Village- Navtol Dhaneshwari, Ward No. 13, P.S.-
Bhargama, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Bhargama P.S. Case
no.306 of 2025 registered under sections 191(2), 191(3), 190,
126(2), 127(2), 103(1), 303(2), 308(6), 326(g), 324(6), 352,
351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that as a result of prior land dispute with Guddu Yadav, 22
named accused persons including the two petitioners herein as
also 10-15 unknown accused persons came variously armed.
Birendra Yadav and Guddu Yadav were carrying pistols and
Guddu Yadav was shouting that all of them should be killed.
Patna High Court CR. MISC. No.91778 of 2025(3) dt.19-03-2026
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Thereafter on the instigation of Guddu Yadav, it is stated that
Navin Yadav and Bhavesh Yadav pushed the motorcycle so that
it fell on the ground. Tuntun Yadav struck the fuel tank of the
motorcycle as a result of which the petrol started to flow and
thereafter the accused persons set the house on fire as a result of
which her husband was burnt to death. The informant further
states that Guddu Yadav also resorted to firing and he and his
men prevented any person coming to rescue of her husband.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. Neither
there is any dispute between them and the informant nor they
are in any manner involved in the occurrence. Except for the
petitioners being named among the 22 accused persons, no overt
act has been alleged against them. They are in custody since
31.8.2025 and have no criminal antecedent. Chargesheet 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 against the petitioners
in the FIR, no specific overt act having been alleged against the
petitioners inspite of 22 named accused persons and 10-15
Patna High Court CR. MISC. No.91778 of 2025(3) dt.19-03-2026
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accused persons alleged to have participated in the occurrence,
the participation with respect to setting the house on fire being
mainly against Navin Yadav, Bhavesh Yadav and Tuntun Yadav,
the petitioners having remained in custody for over 6 months
since 31.8.2025 and chargesheet having been submitted in the
case, the Court directs both the petitioners to be enlarged on bail
in connection with Bhargama P.S. Case no.306 of 2025 on each
of them 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, Araria.
(Partha Sarthy, J)
Saurabh/-
U T
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