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Patna High Court

Rakesh Yadav @ Malinga @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing regular bail to the petitioner.

Summary

The petitioner, Rakesh Yadav, was charged under IPC sections 302 (murder), 307/34 (attempt to murder) and Arms Act section 27. He sought regular bail for the second time after an earlier bail denial. The court examined the investigation report which indicated that the petitioner actively participated in the crime by blocking the victim's escape route, leading to the murder. The petitioner had also filed two discharge applications that were rejected, and the trial was ongoing with indications of attempts to delay proceedings. Considering his active involvement and the pending trial, the court refused to grant bail and dismissed the application, reiterating its earlier order.

Issues considered

  • Whether regular bail should be granted to an accused of murder, attempt to murder and illegal possession of arms who is alleged to have actively participated in the crime.
  • Whether the pending trial and alleged attempts to delay the trial justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • attempt to murder
  • Arms Act
  • trial delay
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63495 of 2025
                  Arising Out of PS. Case No.-216 Year-2023 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Rakesh Yadav @ Malinga @ Rakesh Kumar S/o Manoj Yadav R/o Village-
                 Taralahi, P.S.- Bahadurpur, District- Darbhanga

                                                                                    ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Shyam Kumar Singh, Advocate
                                                    Mr. Sharwan Kumar, Advocate
                 For the State             :        Mr. Prem Kumar Jha, APP
                 For the Informant         :        Mr. Krishna Prasad Singh, Sr. Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and learned Senior Counsel for the informant.

                                      2.       This is the second attempt on behalf of the

                   petitioner for grant of regular bail in connection with

                   Bahadurpur P.S. Case No.216 of 2023 registered for the offence

                   under sections 302 and 307/34 of the Indian Penal Code and

                   under section 27 of the Arms Act.

                                      3.       Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 02.04.2024 passed in Criminal

                   Miscellaneous No.19029 of 2024. The aforesaid order dated

                   02.04.2024 reads as under:-

                                               “Heard   learned    counsel    for   the
                                      petitioner and learned APP for the State.
                                               2.    This application for grant of
Patna High Court CR. MISC. No.63495 of 2025(4) dt.10-02-2026
                                             2/3




                          regular bail arises out of Bahadurpur P.S.
                          Case No.216 of 2023 registered for the offence
                          punishable under sections 302 and 307/34 of
                          the Indian Penal Code and under section 27 of
                          the Arms Act.
                                   3.       The petitioner and others are
                          accused of committing murder of a person. The
                          petitioner is accused in two more criminal
                          cases.
                                   4.       Learned      counsel       for    the
                          petitioner submits that there is no overt act
                          against the petitioner and he is not named in
                          the F.I.R. and therefore, he deserves bail.
                                   5.       During investigation, it has
                          come      that    the    petitioner    has      actively
                          participated in the crime. The petitioner has
                          blocked the road so that the victim could not
                          escape and thereafter, all the accused persons
                          have killed him.
                                   6.       Considering the fact that the
                          petitioner has actively participated in the
                          killing of the deceased because of the earlier
                          dispute, I am not inclined to grant the
                          petitioner       privilege     of     regular      bail.
                          Accordingly, this bail application is rejected. If
                          there is no substantial progress in the trial, the
                          petitioner may renew his prayer for bail.
                                   7.       The        observations          made
                          hereinabove are only for the purpose of
                          deciding the present bail application and the
                          same shall not be construed as an expression
                          on the merits of the matter before the trial
                          court.”


                          4.       From the report of the court below, it appears
          Patna High Court CR. MISC. No.63495 of 2025(4) dt.10-02-2026
                                                      3/3




                    that the petitioner has filed discharge application twice which

                    have been rejected by the court below.

                                    5.      Considering the fact that the trial is

                    proceeding and the petitioner is trying to delay the trial, I am not

                    inclined to review my earlier order dated 02.04.2024.

                    Accordingly, this bail application is dismissed.



                                                               (Sandeep Kumar, J)

pawan/-

U


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