Dinesh Yadav @ Dinesh Lal YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26179 of 2026
                    Arising Out of PS. Case No.-280 Year-2024 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Dinesh Yadav @ Dinesh Lal Yadav Son of Surya Narayan Yadav @ Surya
                 Deo Yadav Resident of Village- Chhaparadhi, P.S.- Khajauli, District-
                 Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravindra Kumar Singh, Advocate.
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Khajauli P.S. Case No. 280 of 2024 registered for the

                   offence punishable under Sections 103(1), 61(2) and 3(5) of the

                   B.N.S., 2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the informant,

                   along with his cousin Amresh Kumar Yadav was going on a

                   bike. As they reached near general store of Anil Yadav, three

                   persons on a bike namely, Raja Babu Sharma, Dinesh Yadav and

                   Shatrughan Yadav, reached near them. It is further alleged that

                   Shatrughan Yadav gave the pistol to Dinesh Yadav (the

                   petitioner) and Dinesh Yadav fired at Amresh Yadav. After that,
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          they fled away. Amresh Yadav succumbed to the injuries.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that in this case similarly situated co-

          accused Satrudhan Yadav has been granted bail by this Court

          vide Cr. Misc. No. 44808 of 2025.

                       5. Learned counsel for the petitioner further submits

          that a report has also been called for from the learned trial court

          and from perusal of which it is clear that only charges have been

          framed and no witnesses have been examined till today.

          Petitioner is languishing in judicial custody since 24.03.2025.

                       6. The application for bail is opposed by learned APP

          for the State and has submitted that from perusal of the post-

          mortem report, it is clear that the deceased has received two

          entry wounds. As per allegations, there is direct allegation

          against the petitioner of firing at the deceased.

                       7. Learned APP for the State has further submitted that

          the petitioner is the main assailant in the present case. He has also

          relied on a judgment of Hon’ble Apex Court in the case of X Vs.

          State of Rajasthan & Anr passed in SLP(Criminal) No. 13378

          of 2024 wherein in para- ‘14’, Hon’ble Apex Court has held which

          is being quoted hereunder:-
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                                     14. Ordinarily in serious offences like rape,
                                     murder, dacoity, etc., once the trial commences
                                     and the prosecution starts examining its witnesses,
                                     the Court be it the Trial Court or the High Court
                                     should be loath in entertaining the bail application
                                     of the accused.
                                  8. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     not inclined to enlarge the petitioner on bail at this stage,

                     however he may renew his prayer for bail after six months if the

                     trial is not concluded.

                                  9. Learned trial court is directed to expedite the trial

                     and to conclude the same within the stipulated period of time.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T