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Patna High Court

Gorakh Yadav @ Gaurav Yadav @ Dharmveer Prasad @ Dharmvir YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail, holding that the petitioners are not entitled to release pending trial.

Summary

The petitioners, Gorakh Yadav and co‑accused, were charged under Sections 341, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing a weapon that injured a person in the Masaurhi case (PS No. 670 of 2021). The petitioners applied for regular bail, marking their third attempt to obtain it. Counsel for the petitioners argued for release on bail, while the State opposed the application. The Court noted the seriousness of the alleged offences, particularly the attempt to murder and unlawful use of arms, and observed that the petitioners had already been denied bail twice. Consequently, the Court rejected the bail application, refusing to grant bail to the petitioners.

Issues considered

  • Whether bail should be granted to the petitioners charged under IPC Sections 341, 307, 34 and Arms Act Section 27

Legislation cited

Subjects

  • bail
  • criminal procedure
  • attempt to murder
  • wrongful restraint
  • common intention
  • unlawful possession of arms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63710 of 2025
                       Arising Out of PS. Case No.-670 Year-2021 Thana- MASAUDHI District- Patna
                 ======================================================
                 Gorakh Yadav @ Gaurav Yadav @ Dharmveer Prasad @ Dharmvir Yadav
                 S/O Suresh Yadav R/O village - Kharjama, P.S. - Masaurhi, District - Patna
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Soni Kumari, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-02-2026                  1. Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                                2. The petitioner seeks bail in a case registered for the offences

                   punishable under Sections 341, 307 and 34 of the Indian Penal Code as

                   well as Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that this is the

                   third attempt of the petitioner to seek regular bail.

                                4. The Court is not inclined to release the petitioner on bail

                   since he is alleged to have fired causing injury on stomach of the injured in

                   connection with Masaurhi P.S. Case No. 670 of 2021 pending in the Court

                   of learned Additional Chief Judicial Magistrate, Masaurhi/Successor Court.

                                5. Hence, the prayer for bail is thrice rejected.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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