Patna High Court
Heniya Yadav @ Ashish Yadav @ AshishversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there is no fresh ground for bail and, with the trial already underway, the bail application must be dismissed.
Summary
The petitioner, Heniya Yadav, was arrested in June 2022 and charged under multiple sections of the Indian Penal Code, the Arms Act and the NDPS Act, with a loaded pistol, cartridges and ganja recovered. He had previously filed two bail applications which were rejected. In the trial, seven of eight witnesses have been examined and the case is proceeding. The petitioner sought a third bail application, but the court found no fresh ground for bail and noted that the trial had already commenced. Consequently, the court dismissed the bail application and directed the trial court to expedite the proceedings.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the commencement of trial
- Whether any fresh ground exists to justify revisiting the earlier bail refusals
Legislation cited
- Arms Act — s. 25(1-b)A, 26(ii), 27, 35
- Indian Penal Code — s. 307, 332, 333, 34, 353, 504
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- NDPS Act
- trial commencement
- no fresh ground
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35 of 2026
Arising Out of PS. Case No.-105 Year-2022 Thana- DHARHARA District- Munger
======================================================
Heniya Yadav @ Ashish Yadav @ Ashish S/O Late Lariman Yadav @
Katiman yadav Resident of village - Chharrapattee, P.s.- Dharhara, District -
Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamlesh Kumar, Advocate
For the State : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the third attempt on behalf of the petitioner
for grant of bail in connection with N.D.P.S. Case No. 07 of
2022, arising out of Dharhara P.S. Case No.105 of 2022
registered for the offence under Sections 332, 333, 353, 307,
504/34 of the Indian Penal Code and under Section 25(1-b)A,
26(ii), 27 and 35 of the Arms Act and under Sections 20 and 22
of the N.D.P.S. Act.
3. Earlier the bail applications of the petitioner were
Patna High Court CR. MISC. No.35 of 2026(2) dt.12-02-2026
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rejected twice vide orders dated 23.05.2023 and 23.02.2024
passed in Cr. Misc. Nos. 25259 of 2023 and 12100 of 2024
respectively.
4. The following order was passed on 23.02.2024 in
Cr. Misc. No. 12100 of 2024, which reads as under:
“Heard learned counsel for the
petitioner and learned APP for the State.
2. This is the second attempt on
behalf of the petitioner for grant of regular bail
in connection with N.D.P.S. Case No. 07 of
2022, arising out of Dharhara P.S. Case No.105
of 2022 registered for the offence under
Sections 332, 333, 353, 307, 504/34 of the
Indian Penal Code and under Section 25(1-b)A,
26(ii), 27 and 35 of the Arms Act and under
Sections 20 and 22 of the N.D.P.S. Act.
3. Earlier, the bail application of the
petitioner has been rejected vide order dated
23.05.2023 passed in Criminal Miscellaneous
No.25259 of 2023.
4. There is recovery of one loaded
country made pistol, five live cartridges and 1
Kg. of ganja. The petitioner is in custody since
24.06.2022. He is also accused in five more
criminal cases.
5. I see no reason to review my
earlier order dated 23.05.2023. Accordingly,
this bail application is dismissed. The trial
court is directed to expedite the trial and
conclude the same as early as possible.”
5. In the trial, out of eight witnesses, seven witnesses
have been examined.
6. Considering the fact that no fresh ground for grant
of bail is made out and also the fact that the trial has started, I
Patna High Court CR. MISC. No.35 of 2026(2) dt.12-02-2026
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am not inclined to review my earlier order.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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