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Patna High Court

Dindayal YadavversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Dindayal Yadav, was arrested in connection with the shooting of an informant's son and charged under Sections 109 and 61(2) of the Bihar Narcotic Substances Act, 2023, Sections 307 and 120B of the IPC and Section 27 of the Arms Act. He argued that he was not named in the FIR, no incriminating articles were found on him, and that the case against him was based merely on suspicion. The prosecution, however, relied on CCTV footage showing the shooting, the recovery of the motorcycle used in the incident from the petitioner’s possession, and a confessional statement in which he admitted involvement in the conspiracy. The trial court had already framed charges, and the investigation was ongoing. The High Court, after considering the evidence and submissions, declined to grant bail, directing that the petitioner may re‑apply after completing one year of custody.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the existence of CCTV evidence, recovery of the alleged weapon vehicle, and a confessional statement.
  • Whether the nature of the offences (attempted murder, conspiracy, and illegal arms possession) warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • attempted murder
  • conspiracy
  • arms act
  • CCTV evidence
  • confessional statement
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73607 of 2025
                  Arising Out of PS. Case No.-108 Year-2025 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Dindayal Yadav, age-29 years, Gender-Male, Son of Late Shiv Nandan Yadav
                 @ Late Shiv Nand Yadav, Resident of Village- Bihrauna, Police Station-
                 Baheri, District-Darbhanga.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in connection with

                   Sessions Trial No. 790 of 2025 arising out of Mithanpura P.S.

                   Case No. 108 of 2025 instituted for the offences punishable

                   under Sections 109 and 61(2) of the BNS, 2023 and Sections

                   307, 120B of the Indian Penal Code as well as Section 27 of the

                   Arms Act.

                                3. As per the prosecution case, two unknown

                   criminals came and shot the son of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that petitioner is

                   not named in the FIR and nothing incriminating articles has
Patna High Court CR. MISC. No.73607 of 2025(3) dt.21-01-2026
                                            2/3




          been recovered from the conscious possession of the petitioner

          and he has been surfaced in this only on the basis of mere

          suspicion. He further submits that during investigation the

          investigating officer observed the CCTV footage and came to

          the conclusion that the son of the informant was shot. He next

          submits that the petitioner is neither put on Test Identification

          Parade nor there is any recovery of any incriminating articles.

          Petitioner has got clean antecedent as stated in para 3 of the

          petition is in custody since 13.05.2025.

                       5. Learned APP for the State and learned counsel for

          the informant opposes the prayer for bail of the petitioner and

          submits that the petitioner is a professional criminal and does

          not deserve bail.

                       6.From perusal of the FIR, case diary and also

          perused the impugned order dated 12.09.2025 passed by the

          learned 3rd Additional Sessions Judge, Muzaffarpur, it appears

          that allegation against this petitioner is specific that he has fired

          on the son of the informant, which has proved by the CCTV

          footage. The motorcycle used in the occurrence was found and it

          belongs to the petitioner namely Dindayal Yadav. From perusal

          of the case diary at paragraph no. 11, this motorcycle was

          recovered from the possession of the petitioner when the police
            Patna High Court CR. MISC. No.73607 of 2025(3) dt.21-01-2026
                                                        3/3




                      raided the house and arrested him. The petitioner has also

                      admitted his involvement in the conspiracy in his confessional

                      statement which led the police to four other criminals who had

                      come on Black Scorpio Vehicle No. UP13CK/5058, which was

                      further verified from CCTV footage as well. Charge sheet has

                      already been submitted against the petitioner and further the

                      investigation is going on, so                 considering the facts and

                      circumstances of the case and submissions of learned counsel

                      for the parties, I am not inclined to grant bail to the petitioner.

                                   7. Prayer for regular bail of the petitioner is hereby

                      rejected.

                                   8. The petitioner may renew his prayer for bail before

                      the trial Court after completion of one year of custody.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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