Patna High Court
Digamber Yadav @ Digamber KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petition for regular bail was denied as there were no fresh grounds to revisit the Supreme Court's earlier decision.
Summary
The petitioner, Digamber Yadav, was arrested in connection with a violent assault on an informant and his family, resulting in the informant's father's death. He contended that he was falsely implicated and had been in custody since September 2024, while co-accused had been granted bail. The petitioner sought regular bail, but the High Court noted that his earlier bail application had been rejected by the Supreme Court in Special Leave to Appeal (Crl.) No. 14074 of 2025 and that no new grounds were presented. Consequently, the court found no basis to revisit the bail decision. The petition for regular bail was therefore dismissed, and the petitioner remains in custody.
Issues considered
- Whether the petitioner is entitled to regular bail despite the Supreme Court's earlier rejection of his bail application
- Whether there are any fresh grounds to reconsider bail for the petitioner
Legislation cited
- Bihar Non‑Statutory (BNS) — s. 103(1), 109, 115(2), 118(2), 126(2), 303(2), 333, 3/5, 351(3), 352
Subjects
- bail
- criminal procedure
- false implication
- assault
- murder
- high court
- special leave
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24345 of 2026
Arising Out of PS. Case No.-23 Year-2024 Thana- Pastpar Pusthi District- Saharsa
======================================================
Digamber Yadav @ Digamber Kumar, Male, aged about 56 years, Son of
Shri Akhleshwari Yadav @ Akleshwari Prasad Yadav, Resident of Village-
Jalaiya, Ward Noi. 01, P.S.- Pastpar, District- Saharsa, Pin Code- 852107
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Prasad Singh, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 126(2), 115(2), 118(2),
303(2), 109, 333, 352, 351(3) and 3/5 of the BNS and
subsequently added Section 103(1) of the BNS.
3. Allegation against the petitioner and other co-
accused persons is to have assaulted the informant as well as the
family members of the informant in which, father of the
informant was severely injured and during course of treatment,
he died.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
Patna High Court CR. MISC. No.24345 of 2026(3) dt.15-05-2026
2/2
submits that petitioner is in custody since 07.09.2024 and
several other co-accused persons have already been granted bail
by Co-ordinate Bench of this Court and also the fact that the
prayer for bail of this petitioner was rejected by Hon’ble Apex
Court in Special Leave to Appeal(Crl.)No(s) 14074 of 2025 vide
Annexure-8 of the present petition.
5. In view of the aforesaid facts as well as the fact that
the prayer for bail of this petitioner was rejected by Hon’ble
Apex Court and there is no fresh ground to reconsider the prayer
for bail of this petitioner, so I am not inclined to grant regular
bail of the petitioner.
6. Accordingly, the prayer for regular bail of the
petitioner is hereby again rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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