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Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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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