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Patna High Court

Sanjay Yadav @ Bajrangi YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                      2/2




                    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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