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Patna High Court

Sanjeev Yadav @ Sanjeev Kumar @ Sanjeev Kumar YadavversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The application for regular bail was rejected.

Summary

The petitioner, Sanjeev Yadav, sought regular bail in a case involving charges of murder, attempt to murder, rioting, and possession of arms under multiple sections of the Indian Penal Code and the Arms Act. The prosecution alleged that Yadav, along with others, fired upon an order given by Vidyanand Yadav, resulting in the death of Jaikrishna Yadav. The petitioner argued that he had been in custody since July 2021 and that the trial was still pending, warranting bail. The State opposed the bail, emphasizing the seriousness of the offences and the proximity of the trial to its conclusion. After reviewing the trial court’s report indicating that witnesses had been examined and the case was near completion, the High Court declined to grant bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the gravity of the offences and the pending trial.

Legislation cited

Subjects

  • bail
  • regular bail
  • IPC
  • Arms Act
  • trial delay
  • criminal procedure
  • murder
  • rioting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24426 of 2026
                     Arising Out of PS. Case No.-173 Year-2021 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Sanjeev Yadav @ Sanjeev Kumar @ Sanjeev Kumar Yadav S/O Sadanand
                 Yadav R/V - Kanp Purvi Thengha Ward No 03, P.S- Saur Bazar, Dist- Saharsa
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State Of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiva Shankar Sharma, Advocate
                                                  Mr. Arun Kumar Sinha, Advocate
                                                  Mr. Rajiv Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   01-05-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has renewed his prayer for grant of

                   regular bail in connection with Sessions Trial no.63 of 2022/118 of

                   2023, arising out of Sour Bazar P.S. Case no.173 of 2021

                   registered under sections 302, 307, 147, 148, 149, 341, 323, 324,

                   325, 326 and 120B of the Indian Penal Code and section 27 of the

                   Arms Act.

                                 3. As per the prosecution case, it is stated that as a

                   result of the order given by one Vidyanand Yadav the accused

                   persons including the petitioner herein resorted to firing as a

                   result of which Jaikrishna Yadav sustained firearm injury and

                   subsequently died.

                                 4. Learned counsel for the petitioner submits that t he

                   earlier applications for bail of the petitioner were rejected on
             Patna High Court CR. MISC. No.24426 of 2026(3) dt.01-05-2026
                                                         2/2




                       several occasions, the last being vide order dated 12.9.2025 passed

                       in Cr. Misc. no.8905 of 2025. Inspite of the petitioner having

                       remained in custody since 13.7.2021, the trial has still not

                       concluded. As such he be enlarged on bail.

                                    5. The prayer for bail is opposed by learned A.P.P for

                       the State.

                                    6. A report was called for from the learned trial Court.

                       As per the report dated 20.4.2026 received from the District &

                       Additional Sessions Judge-II, Saharsa, all chargesheet witnesses

                       have been examined and the case is pending for recording of the

                       statement of the accused under the provision equivalent to old

                       section 313 of the Cr.P.C. The report further states that the trial

                       is expected to conclude within a period of two months.

                                    7. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the F.I.R and the trial having neared its conclusion, the Court is

                       not inclined to enlarge the petitioner on bail and the application

                       is rejected.

                                    8. Learned trial Court is directed to expedite the trial.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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