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Patna High Court

Anil YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the accused is the principal offender in a serious offence and the trial is already underway.

Summary

The petitioner, Anil Yadav, sought bail for offences including murder, attempt to murder, and illegal possession of arms arising from an alleged shooting incident near Tilkoda. The prosecution alleged that Yadav and co‑accused opened fire on the informant’s husband, causing multiple gunshot wounds. The petitioner argued that the post‑mortem report showed only two entry wounds, questioning the reliability of the informant’s testimony, and highlighted that he had been in custody since February 2026. The State contended that Yadav was the principal assailant and cited Supreme Court precedent discouraging bail in serious offences once trial proceedings have begun. The court, noting the seriousness of the charges and the stage of the trial, declined to grant bail, allowing the petitioner to re‑apply after six months or after the informant’s evidence is examined. Consequently, the bail application was rejected.

Issues considered

  • Whether bail should be granted to the accused in a murder and arms‑offence case at the current stage of trial
  • Whether the evidentiary material, including the post‑mortem report and witness testimony, undermines the prosecution’s case
  • Applicability of the Supreme Court’s stance on bail in serious offences

Legislation cited

Subjects

  • bail
  • murder
  • arms offence
  • Indian Penal Code
  • evidence
  • trial stage
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19992 of 2026
                    Arising Out of PS. Case No.-200 Year-2023 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Anil Yadav Son of Late Narayan Yadav Resident of Village- Pokhram Ward
                 No. 3, P.S.- Murliganj, District- Madhepura
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. N.K. Agarwal, Sr. Advocate.
                                                  Mr. Uday Chand Prasad, Advocate.
                                                  Ms. Pooja Prasad, Advocate.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   02-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Murliganj P.S. Case No. 200 of 2023 registered for the offence

                   punishable under Sections 341, 342, 386, 302, 120B, 504 and 506

                   of the Indian Penal Code and Section 27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that the

                   informant, along with her husband, was going to Murliganj on his

                   bike, and as soon as they reached about 1.5 km from their house in

                   the village of Tilkoda, near the canal, they saw that the petitioner,

                   Baua Yadav, Shravan Kumar, Vijay Kumar, Sunil Verma, Nitish

                   Kumar, and others, being armed with weapons in their hands,

                   surrounded the husband of the informant. The informant and her

                   husband got down from the bike, and it is further alleged that Anil
Patna High Court CR. MISC. No.19992 of 2026(4) dt.02-07-2026
                                            2/3




          Yadav (the petitioner) fired, which hit the chest of the informant’s

          husband, and after that, Baua Yadav and Nitish Kumar also fired,

          which hit in different parts of the body.

                       4. Learned counsel for the petitioner submits that earlier

          the bail petition of the petitioner was rejected by the learned

          coordinate Bench of this Court vide order dated 18.06.2025 passed

          in Cr. Misc. No. 13060 of 2025. He further submits that similarly

          situated co-accused namely, Nitish Kumar @ Boua Yadav has

          been granted bail by the learned coordinate Bench of this Court

          vide order dated 07.11.2025 passed in Cr. Misc. No. 54044 of

          2025.

                       5. Learned counsel for the petitioner has further

          submitted that from perusal of the post-mortem report, it is clear

          that the doctor conducting autopsy of the deceased have found

          only two entry wounds, whereas there is an allegation that three

          gunshots were fired at the deceased. He also submits that this goes

          to show that the informant is not an eye witness to the said

          occurrence. He further submits that from perusal of the report of

          the learned trial court, it is clear that out of 14 witnesses, a total of

          6 witnesses have been examined in this case. He further submits

          that the petitioner is languishing in judicial custody since

          17.02.2026.

                       6. Learned APP for the State has further submitted that
           Patna High Court CR. MISC. No.19992 of 2026(4) dt.02-07-2026
                                                       3/3




                     the petitioner is the main assailant in the present case. He has also

                     relied on a judgment of Hon’ble Apex Court in the case of X Vs.

                     State of Rajasthan & Anr passed in SLP(Criminal) No. 13378

                     of 2024 wherein in para- ‘14’, Hon’ble Apex Court has held which

                     is being quoted hereunder:-

                                     14. Ordinarily in serious offences like rape, murder,
                                     dacoity, etc., once the trial commences and the
                                     prosecution starts examining its witnesses, the Court
                                     be it the Trial Court or the High Court should be
                                     loath in entertaining the bail application of the
                                     accused.
                                  7. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     not inclined to enlarge the petitioner on bail at this stage, however,

                     he may renew his prayer for bail after six months if the trial is not

                     concluded or after the examination of the informant if he does not

                     support the case of the prosecution, whichever is earlier.

                                  8. Accordingly, the application stands rejected.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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