Patna High Court
Brajesh Yadav @ Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petition for regular bail was denied.
Summary
The petitioner, Brajesh Yadav, was charged with murder, criminal conspiracy and illegal possession of arms under Sections 302, 120(B) of the IPC and Section 27 of the Arms Act. The incident involved the firing of weapons at a puja ceremony, resulting in the death of the informant's husband. The petitioner’s counsel argued that he was falsely implicated, that only a single injury was found on the deceased, and that there were counter‑cases and disputes between the parties, emphasizing the two‑year custodial period without trial progress. The State and the informant opposed bail, noting that bail applications of co‑accused in the related case had been rejected and that specific allegations of firing were made against the petitioner and another accused. The Court, after considering the seriousness of the offences and the pending allegations, refused to grant bail and directed the trial court to expedite the trial within nine months.
Issues considered
- Whether bail should be granted to an accused of murder, criminal conspiracy and illegal possession of arms under the circumstances presented
- Whether the presence of counter‑cases and alleged disputes affect the grant of bail
- Whether the prior rejection of bail for co‑accused influences the petitioner's bail application
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- IPC
- high court
- trial expeditious
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41716 of 2025
Arising Out of PS. Case No.-198 Year-2023 Thana- SAHAR District- Bhojpur
======================================================
Brajesh Yadav @ Brajesh Kumar S/o- Baban Yadav @ Baban Singh Resident
of Village- Koyal, P.S.- Charpokhari, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr.Ajay Kumar Singh
For the Informant Mr. N.K.Agarwal, Sr. Advocate
Mr. Kumar Rajdeep
Mr. Raju Kumar Singh
For the State : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 06-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on
behalf of the petitioner for the offences alleged under
Section 302, 120(B) of the IPC and Section 27 of the Arms
Act, registered in connection with Sahar P.S.Case No. 198
of 2023.
3. As per allegation, when the informant and her
husband had gone to eat prasad in a puja ceremony, the
accused persons fired at his husband, due to which he fell
down and died on the spot. It is further alleged that the
petitioner is instrumental in killing of her husband.
4. The learned senior counsel for the petitioner
Mr. Ramakant Sharma has submitted that the petitioner is
Patna High Court CR. MISC. No.41716 of 2025(6) dt.06-01-2026
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innocent and has falsely been implicated. Only one injury
was found on the dead-body. Learned senior counsel has
further submitted that for the same day occurrence, the
members of the defense side have also lodged a case
against the members of the prosecution side. One member
of the prosecution side also died due to injuries. It is also
submitted that a number of disputes are there between the
parties. The petitioner is in custody or about two years and
there is no progress in the trial.
5. On the other hand, the learned senior counsel
for the informant Mr. N.K.Agrawal and the learned APP
for the State have opposed the prayer for bail and
submitted that the bail applications of the accused persons
in the counter case, have been rejected by coordinate
Bench of this Court. The learned senior counsel for the
informant has also submitted that out of nine accused
persons, specific allegation of opening fire is on the
petitioner and co-accused Ashok Yadav.
6. Considering the facts and circumstances of
the case and also in view of the allegation, presently, this
Court is not inclined to grant the petitioner the privilege of
bail, which is hereby rejected.
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7. The learned trial court is directed to take
every endeavour to expedite the trial and dispose it of
within a period of nine months.
(Nawneet Kumar Pandey, J)
HR/-
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