Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted due to the gravity of the offences and the direct allegations against the petitioner.
Summary
The petitioner, Upendra Yadav, was arrested in connection with a case registered under multiple sections of the Indian Penal Code for allegedly assaulting and killing a deceased person. He applied for regular bail, claiming innocence, a clean antecedent, and willingness to cooperate with the trial. The prosecution opposed bail, asserting a direct allegation that the petitioner participated in the killing. The court examined the seriousness of the offences and the allegations against the petitioner. Considering the gravity of the charges, the court declined to grant bail. The application for bail was dismissed, though the petitioner was permitted to approach the court again if the trial is unduly delayed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 103(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3)
Subjects
- bail
- criminal procedure
- serious offences
- Indian Penal Code
- custody
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21873 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- TEKARI District- Gaya
======================================================
Upendra Yadav son of Late Dhanpat yadav Residene Of Village -Panchevta
Ps -Tekari Dist -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Tekari
P.S. Case No. 374/2025 registered for the offences punishable
under Sections 126(2), 115(2), 117(2), 118(1), 103(1), 351(2),
351(3) and 3(5) of B.N.S.
3. As per the prosecution case, petitioners and others
accused persons are alleged to have assaulted the deceased and
killed him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner
has clean antecedent and he is in custody since 11.08.2025. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.21873 of 2026(2) dt.07-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that there is
direct allegation against him that he along with other co-accused
persons killed the deceased.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed with
liberty to the petitioner to approach this Court, if the trial is
delayed by the prosecution.
(Sandeep Kumar, J)
tusharika/-
U T
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