Patna High Court
Sanjeev Yadav @ Sanjeev Kumar @ Sanjeev Kumar YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 307, 323, 324, 325, 326, 341
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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