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Patna High Court

Brajesh Yadav @ Brajesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.41716 of 2025(6) dt.06-01-2026
                                                       3/3




                                  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/-

U      T


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