Patna High Court
Darogi Yadav @ BaheraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Darogi Yadav, a self‑identified Naxal, was arrested in November 2022 and charged in Sessions Trial No. 554 of 2023 for a series of serious offences including murder, attempted murder, robbery, and possession of arms, as well as offences under the Unlawful Activities (Prevention) Act. He applied for bail, claiming that he was in custody for an extended period. The prosecution highlighted his alleged involvement in the brutal killing of Ritlal Yadav and his participation in 22 other cases, emphasizing his criminal antecedents. The Court examined the gravity of the charges, the risk of tampering with evidence, and the petitioner’s history of violent offences. Concluding that the seriousness of the offences and the petitioner’s criminal record outweighed any justification for bail, the Court denied the bail application and ordered the trial to be expedited. The order was limited to the bail application and did not prejudice the merits of the case at trial.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and his criminal antecedents
- Whether the nature of the charges under the IPC, Arms Act and UPA Act preclude the grant of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 324, 341, 342, 458, 506
- Unlawful Activities (Prevention) Act — s. 16, 17, 18, 19, 20, 21, 22
Subjects
- bail
- criminal procedure
- Naxal
- murder
- IPC
- Arms Act
- UPA Act
- high court
- trial
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21976 of 2026
Arising Out of PS. Case No.-210 Year-2018 Thana- KHAIRA District- Jamui
======================================================
Darogi Yadav @ Bahera Son of Bodhan yadav Resident of village-
Dudhaniya, Ps- Sono (Charkapathar), Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankita Kumari
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 554 of 2023 arising out of Khaira P.S. Case
No. 210 of 2018 registered for the offence under Sections 147,
148, 149, 458, 341, 342, 323, 324, 302, 506, 120B of the Indian
Penal code and under Section 27 of the Arms Act as well as
under Sections 16, 17, 18, 19, 20, 21, 22 of the UPA Act.
3. As per the prosecution case, the petitioner, who
is a Naxal, is alleged to have killed one Ritlal Yadav along with
other accused persons.
4. The petitioner is in custody since 17.11.2022
and from the perusal of the FIR, it appears that the petitioner is
involved in the brutal murder of Ritlal Yadav. The petitioner is
Patna High Court CR. MISC. No.21976 of 2026(2) dt.08-04-2026
2/2
accused in 22 more cases.
5. Considering the facts of the case and the
criminal antecedent of the petitioner, this Court is not inclined to
grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. The trial of the petitioner is directed to be
expedited.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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