Patna High Court
Abhay Yadav @ Gobind Jee @ Abhay Jee @ Govind YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the petitioner was an absconder and the allegations were serious.
Summary
The petitioner, Abhay Yadav, was charged with murder under Sections 302/34 of the Indian Penal Code, illegal possession of a firearm under Section 27 of the Arms Act, and an offence under Section 17 of the CLA Act. A dead body with a gunshot wound was discovered, and the petitioner was alleged to be involved. He has been in custody since 30‑06‑2025 and is described as an absconder, also facing 32 other cases (acquitted in 23 and on bail in 9). The petitioner applied for regular bail. The court examined the seriousness of the charges, his absconding status, and his criminal antecedents, and concluded that these factors warranted denial of bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite being an absconder and facing serious offences under the IPC, Arms Act and CLA Act?
Legislation cited
- Arms Act — s. 27
- CLA Act — s. 17
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- absconder
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72686 of 2025
Arising Out of PS. Case No.-35 Year-2012 Thana- NAVINAGAR District- Aurangabad
======================================================
Abhay Yadav @ Gobind Jee @ Abhay Jee @ Govind Yadav Son of Kuldeep
Yadav R/o Village - BanManjhauli, P.S. - Dhibra, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukul Kumari
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 14-05-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
G.R. No. 382 of 2012 arising out of Nabinagar P.S. Case No. 35
of 2012 registered for the offence under Sections 302/34 of the
Indian Penal Code, under Section 27 of the Arms Act and under
Section 17 of the CLA Act.
3. As per the prosecution case, one unknown dead
body was found near a canal with a gun shot wound in the neck
and it has been alleged that the petitioner is involved in the
killing of the deceased.
4. The petitioner is in custody since 30.06.2025 in a
case which has been registered in the year 2012 and is an
absconder.
5. The petitioner is also made accused in 32 more
Patna High Court CR. MISC. No.72686 of 2025(5) dt.14-05-2026
2/2
cases out of which he is acquitted in 23 cases and on bail in 9
cases.
6. In view of the allegation levelled against the
petitioner, the fact that he is an absconder and considering the
antecedents of the petitioner, this Court is not inclined to grant
bail to the petitioner.
7. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
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