Patna High Court
Ishwar Chand Yadav @ Ishwar Chandra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail cannot be granted as the trial is underway and the offences are of a serious and conspiratorial nature.
Summary
Ishwar Chand Yadav was arrested in connection with a murder case (Section 302 IPC) alleged to be a contract killing, also charged under Sections 120(B) and 34 of the IPC and Section 27 of the Arms Act. He applied for regular bail for the second time, having been in custody since 16 June 2023. The State opposed bail, citing the seriousness of the offence, recovery of the murder weapon, and the fact that the trial has already commenced with one witness examined out of seven. The Court noted that the trial is progressing and the nature of the charges warrants a cautious approach. Consequently, the Court declined to grant regular bail and dismissed the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences (murder, conspiracy, illegal arms possession).
- Whether the commencement and progress of the trial preclude the grant of bail.
- Whether the evidence recovered (murder weapon) and the alleged contract killing justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- contract killing
- criminal conspiracy
- Arms Act
- trial
- regular bail
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21185 of 2026
Arising Out of PS. Case No.-28 Year-2023 Thana- KURSAKANTA District- Araria
======================================================
Ishwar Chand Yadav @ Ishwar Chandra Yadav S/O Rajendra Yadav R/O
Village- Hatiya Tola, Bairak, Ward No. 10, P.S- Raniganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned Senior counsel for the petitioner
and the learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Kursa Kanta (Sonamani Godam O.P.) P.S.
Case No. 28 of 2023 registered for the offence under Sections
302, 120(B)/34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 09.04.2024 in Cr. Misc. No. 5096 of 2024 which
reads as follows:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Kursakanta (Sonamani Godam O.P.) P.S. Case No. 28
of 2023 registered for the offence punishable under
Sections 302 and 120(B/ 34 of the Indian Penal Code and
Patna High Court CR. MISC. No.21185 of 2026(2) dt.30-04-2026
2/2
Section 27 of the Arms Act.
3. The son of the informant was killed by
unknown persons. Materials have come during
investigation to connect the petitioner with the crime.
The murder weapon has been recovered on the
statement of the petitioner. The petitioner is in jail since
16.06.2023.
4. Learned APP appearing for the State
opposes the prayer for regular bail of the petitioner.
5. It appears to be a case of contract killing,
I am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands
dismissed.
4. In the trial out of seven witnesses, one witness has
been examined.
5. Considering the fact that the trial has started and is
progressing, I am not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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