Patna High Court
Saroj Yadav @ Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
Saroj Yadav was arrested in connection with a case involving robbery, assault and the murder of the informant's son, alleged under Sections 309(6) and 103(1) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner, in custody since January 2025, applied for bail, arguing that the trial was delayed and only charges had been framed. The prosecution described a violent incident where the accused allegedly shot the informant's son and stole Rs. 2 lakhs. The court examined the seriousness of the offences and the lack of progress in the trial. Considering the gravity of the crimes, the court was not inclined to grant bail and dismissed the application, directing the Superintendent of Police to ensure witness attendance.
Issues considered
- Whether bail should be granted to the accused given the seriousness of the offences and the delay in trial proceedings
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- robbery
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37976 of 2026
Arising Out of PS. Case No.-354 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Saroj Yadav @ Saroj Kumar S/o Late Mahanand Yadav Resident of Village -
Bhoraha, P.S. - Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the parties.
2. The petitioner seeks bail in connection with S.T.
No. 256 of 2025 arising out of Raniganj P.S. Case No. 354 of
2024 registered for the offence under Sections 309(6), 103(1) of
the BNS, 2023 and under Sections 25(1-B)a, 26, 35 of the Arms
Act.
3. As per the prosecution case, the informant states
that three accused persons resorted to firing upon him as a result
of which the informant stopped his Tata Pick up vehicle. Two
out of the three accused on the motorcycle came and on the
point of firearm took away Rs. 2 lakhs from their possession.
They shot his son in the head who on being taken to the doctor,
was declared dead. The accused escaped on the motorcycle. The
informant claims that he can identify the accused on seeing
Patna High Court CR. MISC. No.37976 of 2026(2) dt.30-06-2026
2/2
them again.
4. The petitioner is in custody since 4.1.2025.
5. Learned counsel for the petitioner submits that the
trial is being delayed by the prosecution and till date only
charges have been framed in this case.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The Superintendent of Police, Araria is directed to
ensure the attendance of the witnesses in the trial.
(Sandeep Kumar, J)
Vikas/-
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