Patna High Court
Hiralal YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail could not be granted as the case was at an advanced stage with prosecution evidence already closed.
Summary
The petitioner, Hiralal Yadav, was charged under sections 302, 147, 148, 149, 323 and 504 of the IPC and section 27 of the Arms Act for allegedly firing on an informant's brother, resulting in death. He applied for bail while the trial was at an advanced stage, with all charge‑sheet witnesses examined and prosecution evidence closed, and the next hearing scheduled for recording his statement under Section 313 Cr.P.C. The State opposed the bail. The Patna High Court, noting the advanced stage of the proceedings and the seriousness of the offences, declined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the petitioner at the advanced stage of the trial despite the seriousness of the charges
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 147, 148, 149, 302, 323, 504
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- murder
- assault
- advanced stage of trial
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63837 of 2024
Arising Out of PS. Case No.-596 Year-2022 Thana- GOPALPUR District- Bhagalpur
======================================================
Hiralal Yadav S/O Kokan Yadav R/O Village- Sahora, P.S- Rangra, Distt-
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Adv.
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
11 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Gopalpur P.S. Case no.596 of 2022
registered under sections 302, 147, 148, 149, 323 and 504 of
IPC and Section 27 of Arms Act.
3. Allegation in the F.I.R is that the petitioner along
with others came variously armed and indulged in assault. It is
further alleged that accused Mukesh Yadav and this petitioner
fired upon informant’s brother due to which he succumbed to
his injuries.
4. Learned counsel for the petitioner prays for bail,
however, a report had been called for with respect to stage of the
case which indicates that all charge-sheet witnesses have been
Patna High Court CR. MISC. No.63837 of 2024(11) dt.23-02-2026
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examined and prosecution evidence has been closed and next
date is fixed for recording the statement of the accused persons
on 02.02.2026 under Section 313 Cr.P.C.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the advance stage of the
case, this Court is not inclined to grant bail to the petitioner.
Accordingly, the present bail application is rejected.
(Soni Shrivastava, J)
Harsh/-
U T
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