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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

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


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