Patna High Court
Mahendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The court held that the petitioner, being the principal assailant in a homicide, is not entitled to bail.
Summary
Mahendra Yadav applied for bail in a case (PS Case No. 390 of 2024) where he is alleged to have assaulted the husband of an informant with a bamboo pole, causing the victim's death on the spot. The charges are under Sections 115(1), 118(2), 126(2), 109, 103(1), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The court examined whether bail could be granted given the seriousness of the offence and the petitioner’s role as the principal assailant. It concluded that the gravity of the homicide and the petitioner’s direct involvement preclude the grant of bail at this stage. Consequently, the bail application was rejected, with a direction that the petitioner may renew the prayer after six months if the trial remains pending. The observations were limited to the bail application and do not prejudice the merits of the trial.
Issues considered
- Whether bail can be granted to the accused in a homicide case under the specified sections of the Bhartiya Nyaya Sanhita, considering his role as the principal assailant
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(1), 118(2), 126(2), 3(5), 352
Subjects
- bail
- homicide
- assault
- Bhartiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25548 of 2026
Arising out of PS. Case No.-390 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
Mahendra Yadav Son of Late Rajendra Yadav Resident of Village - Parariya
Dih Tola, Ward No.- 01, P.S.- Bihariganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Bihariganj P.S. Case No.
390 of 2024 registered for the offences punishable under
Sections 115(1), 118(2), 126(2), 109, 103(1), 352 and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The allegation is that the petitioner has assaulted the
husband of the informant with a bamboo pole due to which the
husband of the informant died on the spot.
4. Considering that the petitioner is the main assailant
of the deceased, this court is not inclined to grant bail to the
petitioner.
5. Accordingly, the prayer for the bail of the
petitioner is rejected.
Patna High Court CR. MISC. No.25548 of 2026(3) dt.14-05-2026
2/2
6.The petitioner may renew his prayer for bail
after six months if the trial is not concluded.
7. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.