Patna High Court

Deepak Yadav @ Deepak Kumar Yadav @ Pammu @ Deepak Yadv @ Pappu KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court refused to grant bail to the petitioner.

Summary

The petitioner, Deepak Yadav, was charged under Sections 341, 323, 324 and 302 of the Indian Penal Code for allegedly stabbing Ravi Yadav, who later died. The petitioner sought bail after being in custody since April 2025, claiming he was falsely implicated due to a prior land dispute and that the allegations were omnibus. The State opposed bail, emphasizing the direct allegation of assault with a knife. The court noted the seriousness of the charges, the existence of a direct allegation, and the petitioner’s two prior criminal antecedents, and therefore declined to grant bail. Consequently, the petition for bail was rejected.

Issues considered

Whether bail should be granted to the petitioner in a case involving alleged murder and assault under IPC sections 341, 323, 324 and 302.
Whether the petitioner’s claim of false implication and the background land dispute affect the bail decision.
Whether the earlier rejection of anticipatory bail precludes further bail relief.

Legislation cited

Indian Penal Code — s. 302, 323, 324, 341

Subjects

bail
anticipatory bail
IPC
murder
assault
criminal procedure
land dispute
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5774 of 2026
                       Arising Out of PS. Case No.-245 Year-2022 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Deepak Yadav @ Deepak Kumar Yadav @ Pammu @ Deepak Yadv @ Pappu
                 Kumar Son of Paras Nath Yadav @ Paras Yadav R/o - Phulwaria, P.S. -
                 Mairwa, Distt.- Siwan.


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewanand Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with S.Tr.

                   No. 198 of 2025 arising out of Mairwa P.S. Case No. 245 of

                   2022 instituted for the offences under Sections 341, 323, 324,

                   302 of the Indian Penal Code.

                               3. Prosecution case, in short, is that accused persons

                   including the petitioner assaulted the informant’s husband Ravi

                   Yadav, during which the petitioner stabbed him with a knife

                   while co-accused Chandan caught hold of him and exhorted to

                   kill. It is further alleged that informant’s husband, namely, Ravi

                   Yadav later succumbed to the injuries during treatment.
Patna High Court CR. MISC. No.5774 of 2026(2) dt.28-01-2026
                                            2/3




                      3. Earlier, vide order dated 07.04.2023 passed in Cr.

          Misc. No. 5432 of 2023, the prayer of the petitioner for grant of

          anticipatory bail was rejected by a coordinate Bench of this

          Court.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the             petitioner.

          Learned counsel further submitted that the petitioner is being

          dragged in this case merely due to previous land dispute

          between the parties. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 15.04.2025 and

          has two criminal antecedents.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner stating that

          there is direct allegation against the petitioner of assaulting the

          deceased with knife and therefore, the petitioner does not

          deserve to be released on bail.

                       6. Considering the aforesaid facts and circumstances

          of the case as also there being direct allegation of assaulting the

          deceased upon the petitioner, this Court is not inclined to grant

          bail to the petitioner at this stage.
           Patna High Court CR. MISC. No.5774 of 2026(2) dt.28-01-2026
                                                       3/3




                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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