Patna High Court
Amlesh Kumar Yadav @ Amlesh Yadav @ Amlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the allegations and the petitioner’s criminal antecedents preclude the grant of regular bail.
Summary
The petitioner, Amlesh Kumar Yadav, applied for regular bail in a case registered under sections 302, 120B, 34 of the Indian Penal Code and section 27 of the Arms Act, alleging that he was falsely implicated in the murder of the informant’s husband. The prosecution alleged that, on the orders of Kapildev Yadav and others, the petitioner and two co‑accused fired at the victim with a pistol, causing his death. The petitioner argued that the allegations were vague, no incriminating weapon was recovered, and no witness corroborated the prosecution’s case, while also noting his custody since April 2025. The State opposed bail, contending that the petitioner was specifically accused as one of the three assailants and highlighted his eight prior criminal convictions. After hearing both sides, the court found the FIR allegations sufficient to deny bail, emphasizing the seriousness of the charges and the petitioner’s antecedents. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a murder case under sections 302, 120B, 34 IPC and section 27 Arms Act.
- Whether the allegations in the FIR and the petitioner’s criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- conspiracy
- arms act
- criminal antecedents
- regular bail
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17641 of 2026
Arising Out of PS. Case No.-528 Year-2022 Thana- PHULPARAS District- Madhubani
======================================================
Amlesh Kumar Yadav @ Amlesh Yadav @ Amlesh Kumar, S/o- Dev Krishna
Yadav @ Deo Yadav R/v- Nabtol PS- Phulparas District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Phulparas P.S. Case
no.528 of 2022 registered under sections 302, 120B and 34 of
the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that on the orders of Kapildev Yadav, Rambhu Yadav, Raushan
Yadav and the petitioner herein fired upon the husband of the
informant with a pistol. He sustained firearm injury and died.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
allegations against the petitioner are general and omnibus in
nature and there is no specific allegation of firing upon him. No
incriminating article has been recovered from the petitioner’s
Patna High Court CR. MISC. No.17641 of 2026(2) dt.25-03-2026
2/2
possession and no witness has supported the prosecution case in
course of investigation. The petitioner is in custody since
30.4.2025 and charge-sheet has been submitted in the case.
5. The prayer for bail is opposed by learned A.P.P. for
the State who submits that the petitioner is one of the three
assailants of the deceased against whom there is specific
allegation of having fired upon the husband of the informant
leading to his death. The petitioner has eight criminal
antecedents.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. wherein the petitioner along with two others are said
to have fired upon the husband of the informant with their pistol
leading to death of the informant’s husband, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
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