Patna High Court
Badrinath Kumar @ Baijnath YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied.
Summary
The petitioner, Badrinath Kumar, applied for bail in a criminal miscellaneous case involving offences such as murder, attempt to murder, theft and other IPC offences. He is alleged to have taken part in the killing of the deceased as a member of an unlawful assembly and has been in custody since 15‑12‑2025. The petitioner also faces a separate cyber‑related case (Banka Cyber P.S. Case No. 28 of 2025). The Patna High Court examined the seriousness of the charges, particularly the murder allegation, and the petitioner’s role in the unlawful assembly. The Court declined to grant bail, dismissing the application, but permitted a fresh prayer if bail is obtained in the other case. It clarified that its observations are confined to the bail application and do not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused of murder and other offences while being a member of an unlawful assembly
- Whether the pendency of a separate cyber case influences the grant of bail in the present case
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 324, 379, 447, 504, 506
Subjects
- bail
- murder
- unlawful assembly
- Indian Penal Code
- Patna High Court
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26080 of 2026
Arising Out of PS. Case No.-230 Year-2023 Thana- KATORIYA District- Banka
======================================================
Badrinath Kumar @ Baijnath Yadav Son of Tarni Yadav R/O Village-
Barwasni, P.S.- Katoriya, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Nath Pandey, Advocate
For the State : Mr.Arun Kumar Pandey, APP
For the Informant : Mr. Rajeev Ranjan No.-II, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Kotoriya P.S. Case No. 230 of 2023 registered for the offence
punishable under Sections 302, 447, 323, 324, 307, 379, 504,
506 of the Indian Penal Code.
3. The petitioner and others have killed the deceased
though the petitioner is member of unlawful assembly.
4. The petitioner is in custody since 15.12.2025. He is
accused in one more case i.e., Banka Cyber P.S. Case No. 28 of
2025.
5. Considering the fact that the petitioner is accused of
killing the deceased, I am not inclined to grant bail to the
Patna High Court CR. MISC. No.26080 of 2026(2) dt.06-05-2026
2/2
petitioner.
6. Accordingly, the application stands dismissed.
7. The petitioner may renew his prayer for bail if he is
granted bail in Banka Cyber P.S. Case No. 28 of 2025.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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