Patna High Court
Sanjay Yadav @ Bajrangi YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner Sanjay Yadav was arrested in connection with a case of loot of a tractor and the killing of a driver, charged under Sections 364 and 395 of the Indian Penal Code. He applied for bail, arguing that he had been in custody since 20‑03‑2025, there was no direct allegation against him, and his involvement was based only on a co‑accused’s confessional statement. The prosecution highlighted the seriousness of the offences—dacoity and murder—and opposed bail. The bench considered the nature of the offences and the lack of direct evidence against the petitioner but was not persuaded to relax the stringent bail standards for such grave crimes. Consequently, the court dismissed the bail application, clarifying that the order is limited to this application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused of offences under Sections 364 and 395 IPC where the allegation against him is indirect and based on a co‑accused’s confession.
Legislation cited
- Indian Penal Code — s. 364, 395
Subjects
- bail
- IPC 364
- IPC 395
- murder
- loot
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75139 of 2025
Arising Out of PS. Case No.-373 Year-2013 Thana- AGAMKUAN District- Patna
======================================================
Sanjay Yadav @ Bajrangi Yadav Son of Sakaldeep Yadav R/o Village -
Panchparia Rustampur, P.S. - Safipur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyam Kumar Chaudhary
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Agamkuan P.S. Case No. 373 of 2013 registered for the offence
under Sections 364, 395 of the Indian Penal Code.
3. As per the prosecution case, one Dodha Rai and
other criminals are said to have committed loot of the tractor
and subsequently, the driver of another tractor namely Gauri
Shankar Singh was killed.
4. The petitioner is in custody since 20.03.2025.
5. It has been submitted by the learned counsel for the
petitioner that this Court may consider the period of custody of
the petitioner and also consider the fact that there is no direct
allegation against the petitioner and the petitioner has been
implicated in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.75139 of 2025(5) dt.30-03-2026
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co-accused.
6. Considering the fact that this is a case of loot and
murder, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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