Patna High Court
Mahesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted on humanitarian grounds considering the accused's age and serious medical condition.
Summary
Mahesh Yadav, aged over 62 and HIV‑positive, was charged under IPC sections 302 and 34 and Section 27 of the Arms Act for allegedly firing at an informant’s husband, resulting in death. He sought bail, citing his serious medical condition, old age, and the fact that he had previously been granted provisional bail without any misuse. The State argued that adequate medical treatment was being provided in custody. The Court, after reviewing a Medical Board report confirming his HIV status and considering his health and age, decided to grant bail on humanitarian grounds, subject to a bail bond of Rs.10,000 with two sureties and conditions to cooperate with the trial. The bail order emphasizes expeditious disposal of the case.
Issues considered
- Whether bail should be granted in a murder case (IPC 302) when the accused is elderly and suffering from serious health conditions including HIV positivity
- Whether the prior provisional bail and lack of misuse affect the decision on regular bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Arms Act 27
- humanitarian grounds
- health condition
- HIV
- elderly accused
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41716 of 2024
Arising Out of PS. Case No.-380 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
Mahesh Yadav S/o Late Bhui Yadav @ Babulal Yadav R/o Village-Belhari,
P.S.-Muffasil, District-Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv.
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
14 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Gaya Muffasil P.S. Case no.380 of
2022 registered under sections 302 and 34 of IPC and Section
27 of Arms Act.
3. Allegation in the F.I.R is that petitioner along with
others fired upon the informant’s husband which hit in the head
and stomach due to which he succumbed to his injuries.
4. Learned counsel for the petitioner submits that the
present application for bail has been filed primarily on the
ground of mercy, as the petitioner is an old man suffering from
several ailments, including being HIV positive, for which it is
contended that proper treatment could not be provided in
Patna High Court CR. MISC. No.41716 of 2024(14) dt.25-02-2026
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custody. It is further submitted that vide order dated 06.12.2024,
the petitioner was granted provisional bail for a period of two
months and he surrendered within the stipulated time and did
not misuse the privilege granted to him during the said period.
Subsequently, by order dated 09.10.2025, the Chief Medical
Officer was directed to constitute a Medical Board for
examination of the petitioner, being an HIV-infected person, and
a status report was called for and the report has received, which
confirms that the petitioner has tested HIV positive. Further,
petitioner has remained in custody since 26.02.2024, except for
the intervening period of two months during which he was on
provisional bail, and during that time there has been no
allegation of misuse of the liberty granted to him.
5. The learned APP for the State has, however,
submitted that an earlier report of the year 2024 indicated that
proper medical treatment was being provided to the petitioner
even during custody.
6. Taking into consideration the serious medical
condition of the petitioner, as confirmed by the Medical Board,
coupled with the fact that he is more than 62 years of age, this
Court is inclined to grant bail purely on humanitarian grounds,
considering his health condition and his old age. Let the
Patna High Court CR. MISC. No.41716 of 2024(14) dt.25-02-2026
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petitioner be enlarged on bail in connection with Gaya Muffasil
P.S. Case no.380 of 2022 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court, subject to further condition
that the petitioner shall cooperate in the trial in every possible
manner and shall not cause any impediment in the proceedings,
ensuring expeditious disposal of the case.
(Soni Shrivastava, J)
Harsh/-
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