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Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the seriousness of the charges, including murder and weapons offences, warranted the petitioners’ continued custody.

Summary

The petitioners, Upendra Yadav and Munna Yadav, were arrested in connection with the death of an informant’s brother, who was allegedly assaulted with a sickle and a spade. They were charged under Sections 191(2), 191(3), 190, 103(1), 109 of the B.N.S. and Section 27 of the Arms Act. The petitioners applied for bail, arguing that they had been in custody since 14‑10‑2025. The Court examined the seriousness of the offences, including the alleged murder and possession of a weapon, and concluded that the nature of the accusations warranted denial of bail. Consequently, the bail petition was rejected, and the trial court was directed to expedite the trial proceedings.

Issues considered

  • Whether bail should be granted to the accused persons charged with offences under Sections 191(2), 191(3), 190, 103(1), 109 of the B.N.S. and Section 27 of the Arms Act?
  • Whether the seriousness of the alleged assault leading to death justifies denial of bail?

Legislation cited

Subjects

  • bail
  • murder
  • culpable homicide
  • Arms Act
  • criminal procedure
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1763 of 2026
                   Arising Out of PS. Case No.-376 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
           1.     Upendra Yadav S/O Wakil Singh Resident of Village- Gyanchak, P.S.-
                  Udwantnagar, District- Bhojpur
           2.    Munna Yadav @ Chahetu @ Munna Kumar S/O Mukul Yadav Resident of
                 Village- Gyanchak, P.S.- Udwantnagar, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr.Raju Kumar Singh
                 For the State           :       Mr.Suresh Prasad Singh
                 For the Informant       :       Mr.Sunny Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners seek bail in a case registered for

                   offence under Sections 191(2), 191(3), 190, 103(1), 109 of

                   B.N.S. and Section 27 of the Arms Act.

                                3. As per F.I.R., petitioner no. 1 assaulted on the head

                   of informant’s brother with sickle and petitioner no. 2 assaulted

                   on the head of informant’s brother with spade, on account of

                   which, informant’s brother died.

                                4. Considering the nature of accusation, the prayer

                   for bail of petitioners is rejected. However, since petitioners are

                   in custody since 14.10.2025, the learned trial court is directed to
           Patna High Court CR. MISC. No.1763 of 2026(2) dt.13-02-2026
                                                       2/2




                     expedite the trial.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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