Patna High Court
Jaigovind Yadav @ Kariman YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied; the petitioner's second bail application was dismissed.
Summary
The petitioner, Jaigovind Yadav, sought a second bail application in a murder case (Daraunda P.S. Case No. 128 of 2025) involving offences under Sections 126(2), 115(2), 109(1), 103(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The trial had examined five of eleven witnesses, all of whom turned hostile, and the prosecution possessed a self‑inculpatory statement of a co‑accused and a post‑mortem report linking the petitioner to the stabbing and killing of the victim. The petitioner argued that the hostile witnesses warranted bail, but the court noted the gravity of the offences and relied on Supreme Court precedent (X v. State of Rajasthan, 2024) to uphold its earlier denial of bail. Consequently, the court dismissed the second bail application, finding no sufficient ground to enlarge bail. The decision reaffirms the principle that serious offences and strong evidentiary material outweigh the petitioner’s claim of hostile witnesses.
Issues considered
- Whether bail should be granted to the petitioner in a murder case despite hostile witnesses and strong prosecution evidence
- Whether the earlier bail denial can be revisited in light of trial developments
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- criminal law
- murder
- hostile witnesses
- serious offences
- judicial discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35727 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Jaigovind Yadav @ Kariman Yadav S/O Kedarnath Yadav R/O Madrichak,
P.S.- Daraunda, District- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Daraunda P.S. Case No. 128 of 2025
registered for the offence under Sections 126(2), 115(2), 109(1),
103(1), 352 & 3(5) of B.N.S., 2023.
3. Earlier, the bail application of the petitioner was
rejected on 16.09.2025 in Cr. Misc. No. 46586 of 2025 which
reads as follows:-
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Daraunda P.S. Case No.
128 of 2025 registered for the offence
punishable under Sections 126(2),
115(2), 109(1), 103(1), 352 and 3(5) of
the Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.35727 of 2026(2) dt.30-06-2026
2/2
3. The petitioner and others
named in the FIR are said to have
stabbed the victim and killed him.
4. Materials have come during
investigation to connect the petitioner
with the crime. There is also a self
inculpatory statement of one the co-
accused.
5. The petitioner is in custody
since 20.03.2025.
6. The post-mortem report also
supports the prosecution case.
7. Considering the aforesaid, I am
not inclined to enlarge the petitioner on
bail.
8. Accordingly, this application
stands dismissed.”
4. Learned counsel for the petitioner submits that in
the trial, five out of eleven witnesses have been examined and
all the witnesses have become hostile, therefore, the petitioner
may be granted bail.
5. Considering the gravity of the offence and the
judgment of the Hon’ble Supreme Court in the case of X vs.
State of Rajasthan & Anr., 2024 SCC OnLine SC 3539, I am
not inclined to review my earlier order.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
sadique/-
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