Created by Fuzzy Cloud

Patna High Court

Pankaj Kumar Yadav @ Pankaj YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the petitioner is implicated in serious offences, including murder and witness killing, and has a substantial criminal record.

Summary

The petitioner, Pankaj Kumar Yadav, sought regular bail for offences including murder, attempt to murder, and illegal possession of arms, for which he has been in custody since November 2023. The prosecution alleged that he ordered the shooting of the informant’s brother, a material witness, and that he has 17 prior criminal cases. The petitioner could not clarify in how many of those cases he is already on bail, and his counsel did not submit a supplementary affidavit. The informant’s counsel highlighted the petitioner’s role as an order‑giver and his history of violent crimes, including involvement in the killing of a witness. Considering the gravity of the charges, the petitioner’s extensive criminal antecedents, and the risk to the judicial process, the court refused bail and dismissed the application.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences and his extensive criminal antecedents
  • Whether the petitioner’s role as an order‑giver in the alleged shooting warrants denial of bail
  • Whether the petitioner’s failure to disclose his bail status in other pending cases affects the bail decision

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • witness tampering
  • IPC sections
  • Arms Act
  • serious offences
  • order-giver

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34273 of 2025
                   Arising Out of PS. Case No.-102 Year-2022 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Pankaj Kumar Yadav @ Pankaj Yadav S/o- Jugeshwar Yadav Village-
                 Sukhasan P.S-Bakhtiyarpur District-Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Ram Krishna, Advocate
                                                Ms. Simran Kumari, Advocate
                 For the State          :       Mr. Jai Narain Thakur, APP
                 For the Informant      :       Mr. Diwakar Prasad Karn, Advocate
                                                Mr. Amardeep Lokpriya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

3   26-02-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                 2. This is the second attempt of the petitioner to

                   obtain regular bail in connection with K.Asthan (Tilkeshwar

                   O.P.) P.S. Case No.102 of 2022 registered for the offences

                   punishable under Sections 147, 148, 149, 341, 323, 307, 302,

                   504 and 506 of the Indian Penal Code and Section 27 of the

                   Arms Act. He is in custody since 24.11.2023. The petitioner has

                   got 17 criminal antecedents.

                                 3. As per the prosecution story, on 15.03.2022 at

                   about 04:00 P.M. when the informant along with his elder

                   brother went to see Jalkar by motorcycle, the FIR named
Patna High Court CR. MISC. No.34273 of 2025(3) dt.26-02-2026
                                            2/3




          accused persons along with 4-5 unknown persons assaulted his

          brother. One Deepak Yadav fired upon the brother of the

          informant on the instruction from Pankaj Yadav (the petitioner)

          and other named persons also started repeated firing. The FIR

          named accused persons also fired upon the informant but

          somehow he escaped. In 2019, these FIR named persons had

          also killed the father of the informant and this case was

          informed by the elder brother of the informant who was shot.

          Since the brother of the informant did not take his case back, the

          FIR named accused persons killed him.

                       4. Keeping in view the seriousness of the allegation

          and the fact that the petitioner was indulged in killing a witness

          who was the son of the deceased and looking into the 17

          criminal antecedents of the petitioner, this Court refused to grant

          him bail even as it was contended that the petitioner has been

          named as an order giver in this case. This Court has further

          noticed that there are several cases as old as of the year 2009 but

          the petitioner has not given any statement that he is on bail in

          those cases.

                       5. Learned counsel for the petitioner submits that

          although he had not given the clear picture as to in how many

          cases he is on bail out of those 17 cases, an attempt was made to
               Patna High Court CR. MISC. No.34273 of 2025(3) dt.26-02-2026
                                                           3/3




                         place it through a supplementary affidavit but he is not sure

                         about the correctness of the affidavit so he is not pressing the

                         said supplementary affidavit.

                                      6. Learned counsel for the informant submits that the

                         petitioner has dreaded criminal antecedents and he is not even

                         disclosing it before this Court that in how many cases he is on

                         bail. So far as the present case is concerned, he is involved in

                         killing of the brother of the present informant who was one of

                         the material witnesses in the killing of his father and in the said

                         case this petitioner is also an accused.

                                      7. Having regard to the entire facts and circumstances,

                         this Court is of the considered opinion that there is no reason to

                         take a different view at this stage.

                                      8. Prayer for bail is refused.

                                      9. This application is dismissed.



                                               (Rajeev Ranjan Prasad, J)
rishik/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.