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Patna High Court

Chandrahash YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, finding no ground to grant regular bail to the petitioner.

Summary

Chandrahash Yadav was charged under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly shooting dead the cousin of an informant and injuring the informant. The petitioner, who has been in judicial custody since 23 May 2023, sought regular bail for the third time after two earlier bail applications were rejected. The prosecution presented a post‑mortem report showing seven entry and exit gunshot wounds and witnesses corroborating the allegation that the petitioner and co‑accused fired the fatal shots. The petitioner contended innocence and argued that trial delays justified bail, while the State and the informant’s counsel emphasized the seriousness of the offence and the petitioner’s role in delaying proceedings. The court, after considering the direct allegations and forensic evidence, found no ground to grant bail and dismissed the application, directing the trial court to expedite the trial. The court also noted that the petitioner could renew his bail plea if the trial is further delayed by the prosecution.

Issues considered

  • Whether regular bail should be granted to an accused in a murder case with substantial forensic and eyewitness evidence.
  • Whether the court can revisit its earlier bail denial in light of alleged trial delays.
  • Whether the petitioner’s alleged role in delaying the trial affects his bail eligibility.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • Arms Act
  • regular bail
  • trial delay
  • postmortem evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13299 of 2026
                  Arising Out of PS. Case No.-216 Year-2023 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Chandrahash Yadav Son of Sri Gartu Yadav Resident of village - Taralahi,
                 P.S.- Bahadurpur, District - Darbhanga.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mritunjay Kumar, Advocate
                 For the Informant        :     Mr. Krishna Pd. Singh, Sr. Advocate
                 For the Opposite Party/s :     Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                  Heard the parties.

                                2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Bahadurpur P.S. Case No.

                   216 of 2023 instituted for the offence under Sections 302,

                   307/34 of the Indian Penal Code and Section 27 of the Arms

                   Act.

                                3. Earlier the bail application of the has been rejected

                   twice vide orders dated 03.01.2024 and 22.11.2024 passed in Cr.

                   Misc. No. 65063/2023 and Cr. Misc. No. 61422/2024

                   respectively which reads as under:-

                                                Heard the learned counsel for the petitioner
                                   and the learned APP for the State.
                                               2. The petitioner seeks regular bail in
                                   connection with Bahadurpur P.S. Case No. 216 of 2023
                                   registered for the offence under Sections 302, 307/34 of
                                   the Indian Penal Code and Section 27 of the Arms Act.
                                               3. The following order was passed on
                                   03.01.2024 in Cr. Misc. No. 65063 of 2023 by a co-
Patna High Court CR. MISC. No.13299 of 2026(2) dt.25-02-2026
                                            2/3




                          ordinate Bench:-
                                       “Heard learned counsel for the petitioner, learned
                          counsel for the informant and learned APP for the State.
                                           2. The petitioner has prayed for bail in
                                           connection with Bahadurpur P.S. Case No. 216
                                           of 2023 instituted for the offence under Sections
                                           302, 307/34 of the Indian Penal Code and
                                           Section 27 of the Arms Act.
                                                          3. As per allegation in the FIR, the
                                           petitioner along with three co-accused persons
                                           are said to have shot dead the cousin of the
                                           informant. The informant also sustained injury in
                                           the said incident.
                                                          4. Learned counsel for the
                                           petitioner submits that the petitioner is innocent
                                           and committed no offence. He has falsely been
                                           implicated in this case. According to the
                                           prosecution case, co-accused Garthu Yadav
                                           firstly fired upon the head of thedeceased by his
                                           pistol due to which he died. It is also submitted
                                           that the petitioner is languishing in judicial
                                           custody since 23.5.2023.
                                                          5. Learned APP appearing for the
                                           state and learned counsel for the informant have
                                           vehemently opposed the prayer of regular bail
                                           and submitted that the petitioner is named in the
                                           FIR who also along with co-accused Abhinash
                                           Yadav, Abhinandan Yadav and Garthu Yadav has
                                           specifically been alleged to fire upon the
                                           deceased Ravi Singh due to which he died.
                                           Postmortem report corroborates the prosecution
                                           case in which seven entry & seven exit wound
                                           have been mentioned which were caused by
                                           firearm. It is also submitted that the witnesses of
                                           this case have supported the prosecution version.
                                                          6. Having heard the learned counsel
                                           for the parties and considering the nature of
                                           allegation, this court is not inclined to enlarge
                                           the petitioner on bail and, as such, his prayer for
                                           bail stands rejected.
                                                          7. The trial Court is directed to
                                           expedite the trial and conclude the same as soon
                                           as possible. ”
                                      4. It has been submitted by the learned
                          counsel for the petitioner that the petitioner is in custody
                          since 23.05.2023 and therefore he deserves bail.
                                      5. The learned senior counsel for the
                          informant; Shri Krishna Pd. Singh and the learned APP
                          for the State have vehemently opposed the prayer of the
              Patna High Court CR. MISC. No.13299 of 2026(2) dt.25-02-2026
                                                          3/3




                                        petitioner and have submitted that the informant is ready
                                        to cooperate in the trial but because of the delaying
                                        tactics of the petitioner, the trial could not commence.
                                                     6. The learned senior counsel for the
                                        informant has further submitted that after rejection on
                                        03.01.2024 in Cr. Misc. No. 65063 of 2023, a discharge
                                        application was filed in the Trial Court on behalf of the
                                        petitioner which has been dismissed recently and
                                        therefore, the trial could not commence. He further
                                        submits that the prosecution will cooperate in the trial
                                        and will produce the witnesses on the date fixed.
                                                     7. Considering the direct allegation against
                                        the petitioner and the fact that seven gun shot injuries
                                        have been found on the deceased, I am not inclined to
                                        grant bail to the petitioner, therefore, this application for
                                        bail is dismissed.
                                                     8. The Court below is directed to expedite the
                                        trial. If the trial is delayed by the prosecution, the
                                        petitioner may renew his prayer for bail.

                                     4. It has been submitted by the learned counsel for the

                        petitioner that the trial is delayed, therefore, the petitioner may

                        be granted bail.

                                     5. Mr. Krishna Pd. Singh, learned Senior Counsel for

                        the informant submits that it is the petitioner who is delaying the

                        trial by filing two discharge applications.

                                     6. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     7. Accordingly, this application is dismissed again.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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