Vishal Yadav @ Bishal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26511 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Vishal Yadav @ Bishal Yadav S/o Surendra Yadav @ Surendra Kumar Yadav R/o Village - Titra, P.S.- Mairwa, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sitesh Kashyap, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P.

For the Informant :

Mr. Dhananjay Kumar Shahi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in Mairwa P. S. Case No. 136 of 2025 registered for the offences punishable under Sections 103(1), 61 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. As per prosecution case, all 10 F.I.R. named accused persons, including this petitioner, along with 2 to 3 unknown persons, indiscriminately fired as a result of which, son of informant died.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As per F.I.R., all 10 named accused persons, along with 2 to 3 unknown persons, indiscriminately fired upon son of informant,

Patna High Court CR. MISC. No.26511 of 2026(2) dt.08-05-2026 2/2 however, as per post-mortem report, only one firearms injury was found on the body of the deceased, which itself falsifies the entire prosecution case. Allegation of firing is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Moreover, charge-sheet has already been submitted and petitioner is in custody since 16.12.2025.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials that have surfaced during course of investigation and period of custody, the prayer for grant of regular bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan in connection with Mairwa P.S. Case No. 136 of 2025. (Prabhat Kumar Singh, J) Navya/- U T