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Patna High Court

Vinod Yadav @ Sardar Yadav @ Binod YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court declined to grant bail, holding that the gravity of the offences and the petitioner’s criminal antecedents warranted continued detention.

Summary

The petitioner, Vinod Yadav, sought regular bail in a case registered under Sections 341, 342, 323, 307, 387 and 379/34 of the Indian Penal Code for alleged extortion, robbery and related offences. The High Court had previously rejected two earlier bail applications, noting the petitioner’s alleged criminal antecedents and the seriousness of the charges. In the present application, the petitioner argued that charges had been framed and the trial was pending, contending innocence and political victimisation. The State opposed bail, highlighting the petitioner’s involvement in multiple cases, including a Section 392 offence. The Court, after reviewing the submissions, found the offences grave, the trial already underway, and the petitioner a hardened criminal, and therefore refused to grant bail, dismissing the application and directing police to ensure witness attendance.

Issues considered

  • Whether bail should be granted to the petitioner in view of the seriousness of the offences under Sections 341, 342, 323, 307, 387 and 379/34 IPC
  • Whether the petitioner’s alleged criminal antecedents and pending cases preclude bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • extortion
  • robbery
  • criminal antecedents
  • trial proceedings
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10422 of 2026
                         Arising Out of PS. Case No.-155 Year-2024 Thana- KONCH District- Gaya
                 ======================================================
                 Vinod Yadav @ Sardar Yadav @ Binod Yadav S/o Lakhandev Yadav @
                 Akhan Yadav R/o vill - Dhanchhui, PS- Konch, District- Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Dheeraj Kumar, Advocate
                 For the State           :        Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the third attempt on behalf of the petitioner

                   for grant of bail in connection with Konch P.S. Case No. 155 of

                   2024 registered for the offence punishable under Sections 341,

                   342, 323, 307, 387, 379/34 of the Indian Penal Code.

                                 3. Earlier the bail applications of the petitioner were

                   rejected twice vide orders dated 10.07.2024 and 09.05.2025

                   passed in Cr. Misc. Nos. 47088 of 2024 and 24014 of 2025

                   respectively.

                                 4. The following order was passed on 09.05.2025 in

                   Cr. Misc. No. 24014 of 2025, which reads as under:

                                        “Heard learned counsel for the petitioner
                               and learned APP for the State.
                                        2. This is the second attempt on behalf of the
Patna High Court CR. MISC. No.10422 of 2026(2) dt.16-02-2026
                                            2/3




                     petitioner for grant of bail in connection with Konch
                     P.S. Case No.155 of 2024 registered for the offence
                     punishable under Sections 341, 342, 323, 307, 387 and
                     379/34of the Indian Penal Code.
                               3. Earlier the bail application of the
                     petitioner has been rejected vide order dated
                     10.07.2024 passed in Cr. Misc. No. 47088 of 2024,
                     which reads as follows:
                                  “Heard the learned counsel for the
                       petitioner and learned APP for the State.
                                  2. The petitioner seeks regular bail in
                       the present case registered for the offence under
                       Sections 341, 342, 323, 307, 387, 379/34 of the
                       Indian Penal Code.
                                  3. As per the prosecution case, the
                       petitioner is accused of demanding extortion
                       money and took away one mobile phone, chain
                       and Rs. 30,000/- from the informant.
                                  4. Learned counsel for the petitioner
                       submits that petitioner is quite innocent and has
                       falsely been implicated due to village politics.
                       Petitioner is in custody since 14.04.2024.
                                  5. Learned A.P.P. has vehemently
                       opposed the prayer for bail and has submitted
                       that petitioner is accused in three more cases
                       which includes the case under Section 392 of the
                       I.P.C.
                                  6. I have considered the submissions
                       of the parties. Petitioner appears to be a
                       hardened criminal and considering the serious
                       allegation of extortion and the criminal
                       antecedents of the petitioner, I am not inclined
                       to grant bail to the petitioner.
                                  7. Accordingly, this application for
                       regular bail is hereby rejected”

                               4. It has been submitted by learned
                     counsel for the petitioner that charge has been
                     framed but the trial is still pending.
                               5. This application is dismissed with a
                     direction to the Senior Superintendent of Police,
                     Gaya to ensure the attendance of witnesses in the
                     trial.
                               6. Let a copy of this order be
           Patna High Court CR. MISC. No.10422 of 2026(2) dt.16-02-2026
                                                       3/3




                                communicated to the Senior Superintendent of
                                Police, Gaya, forthwith through FAX or e-mail for
                                its compliance.”

                                  6. Learned counsel for the petitioner submits that the

                     charges have been framed in the trial.

                                  7. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  8. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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