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Patna High Court

DOMAN YADAVversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted at this stage because the trial was ongoing and the offences were of a serious nature, warranting continued custody.

Summary

The petitioner, Doman Yadav, applied for bail in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, alleging he was falsely implicated in the murder of an informant’s father. The petitioner argued that there were no eye‑witnesses and that the informant himself was not a direct witness, and highlighted his lack of prior criminal record. The State and the informant opposed bail, noting the seriousness of the offences and the ongoing trial, where only two of seven charge‑sheet witnesses had been examined. The High Court observed that the trial was still in its early stages and that the prosecution required up to six months to complete the trial, concluding that bail could not be granted at this juncture. Consequently, the bail application was rejected and the trial court was directed to expedite the proceedings within six months.

Issues considered

  • Whether bail can be granted to an accused of murder and related offences under Sections 302/34 IPC and Section 27 Arms Act at the pre‑trial stage
  • Whether the absence of eye‑witness testimony justifies the grant of bail
  • Whether the current stage of trial (two of seven witnesses examined) warrants release on bail

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2056 of 2026
                     Arising Out of PS. Case No.-164 Year-2024 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Doman Yadav, S/o Kapil Yadav, Resident of Village- Golapur, P.S.-
                 Deepnagar, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar, Adv.
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, APP
                 For the Informant        :       Mr. Asif Kalim, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   01-04-2026                    Heard learned counsel for the petitioner, learned

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

                                2. The petitioner seeks bail in connection with

                   Deepnagar P.S. Case No. 164 of 2024 dated 20.05.2024

                   registered for the offence punishable under Sections 302/34

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

                                3. The allegation against the petitioner is that he

                   alongwith other co-accused abused and threatened the

                   informant and his father. The further allegation against the

                   petitioner is that he fired at the informant’s father which

                   caused his death.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.2056 of 2026(3) dt.01-04-2026
                                            2/3




          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that there is no eye witness to the

          occurrence. During course of investigation, no person has

          come in support of the prosecution. It is further submitted

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

          occurrence. The petitioner is in custody since 28.06.2024,

          having no criminal antecedent and charge-sheet has been

          submitted in the case.

                       5. Learned A.P.P for the State and learned counsel

          for the informant opposed the prayer for bail of the

          petitioner.

                       6. Vide order dated 20.01.2026, a report about the

          present stage of the trial was called for which has been

          received. Two witnesses out of seven charge-sheet

          witnesses have already been examined. The trial court in its

          report dated 10.02.2026 has stated that expected time of six

          months may be taken in conclusion of the trial, if the

          prosecution cooperate to produce rest witnesses in time.

                       7. In such view of the matter, I am not inclined to

          grant bail to the petitioner at this stage.

                       8. Accordingly, the prayer of the petitioner for
            Patna High Court CR. MISC. No.2056 of 2026(3) dt.01-04-2026
                                                        3/3




                      grant of bail application is rejected.

                                   9. The Trial Court is directed to expedite the trial

                      and take all endeavor to conclude the trial at the earliest,

                      preferably, within a period of six months from the date of

                      receipt/production of a copy of this order.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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