Patna High Court

Ashok YadavversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISMISSED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court held that bail could not be granted as the seriousness of the murder charge and the specific allegations against the petitioner warranted continued detention.

Summary

The petitioner, Ashok Yadav, sought regular bail for alleged offences of murder (Section 302 IPC), criminal conspiracy (Section 120(B) IPC) and illegal use of arms (Section 27 Arms Act) arising from a shooting incident during a puja ceremony that resulted in the death of the informant's husband. The petitioner claimed innocence, arguing that only a single injury was found on the deceased and that there were multiple disputes and counter‑cases, including a death on the prosecution side. The State opposed bail, noting that similar bail applications by co‑accused had been rejected by a coordinate bench and that specific allegations of firing were made against the petitioner and another accused. The Court examined the seriousness of the charges, the presence of a murder allegation, and the lack of progress in the trial since the petitioner’s custody since June 2024. Concluding that the circumstances did not warrant the privilege of bail, the Court rejected the bail application.

Issues considered

Whether regular bail can be granted to an accused charged with murder, criminal conspiracy and illegal use of arms under the circumstances presented.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 120(B), 302

Subjects

bail
murder
criminal conspiracy
illegal arms
Section 302 IPC
Section 120(B) IPC
Section 27 Arms Act
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.61263 of 2025
                        Arising Out of PS. Case No.-198 Year-2023 Thana- SAHAR District- Bhojpur
                 ======================================================
                 Ashok Yadav S/o Bihari Yadav @ Lal Bihari Yadav R/o Vill- Godiha, P.S.-
                 Sahar, Distt- Bhojpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prabhat Kumar Singh
                                                  Ms Priya
                 For the State            :       Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   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 it is the

                   petitioner who fired at the informant’s husband leading to
Patna High Court CR. MISC. No.61263 of 2025(3) dt.06-01-2026
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          his death.

                       4. The learned counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely

          been implicated. Only one injury was found on the dead-

          body. Learned 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 since 04.06.2024 and there is no progress in the

          trial.

                       5. On the other hand, the learned senior counsel

          for the informant and the learned APP for the State have

          opposed the prayer for bail and submitted that in the

          counter case the bail applications of the accused persons

          have been rejected by coordinate Bench of this Court. The

          learned 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 Brajesh Kumar.

                       6. Considering the facts and circumstances of the

          case and also in view of the allegation, presently, this Court
           Patna High Court CR. MISC. No.61263 of 2025(3) dt.06-01-2026
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                     is not inclined to grant the petitioner the privilege of bail,

                     which is hereby rejected.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T

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