Patna High Court
Govind Yadav @ Dhoni YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted and rejected the petitioner's application.
Summary
The petitioner, Govind Yadav, was arrested in May 2021 in connection with a case under Sections 399, 402 and 120B of the Indian Penal Code and Sections 25(1‑b)A, 26 and 35 of the Arms Act. He filed a criminal miscellaneous application under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail, after an earlier bail plea had been rejected. The State opposed the bail, and the court examined the trial record, noting that the case was at the argument stage. Considering the seriousness of the offences and the advanced stage of trial, the court declined to grant bail and ordered the trial court to expedite the proceedings. The bail application was therefore dismissed.
Issues considered
- Whether regular bail can be granted under Sections 483 and 484 of the BNSS, 2023 to a petitioner charged with offences under the IPC and Arms Act at the argument stage of trial.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483, 484
- Indian Penal Code — s. 120B, 399, 402
Subjects
- bail
- regular bail
- criminal miscellaneous application
- IPC
- Arms Act
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7718 of 2026
Arising Out of PS. Case No.-147 Year-2021 Thana- BUXAR District- Buxar
======================================================
Govind Yadav @ Dhoni Yadav Son of Birendra Yadav @ Birendra Singh
Resident of village - Bijhaura, Police Station - Itarhi, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 08-05-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Sections 483 and 484 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,
2023’) for grant of regular bail to the petitioner, who is in
custody in connection with S.T. No.277 of 2023, arising out of
Buxar (Town) P.S. Case No. 147 of 2021, lodged on 08.03.2021,
under Sections 399/402/120B of the Indian Penal Code and
under Sections 25(1-b)A/26/35 of the Arms Act.
3. Earlier prayer for bail of the petitioner was rejected
vide order dated 02.12.2024 passed in Cr. Misc. No.49717 of
2024.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7718 of 2026(5) dt.08-05-2026
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petitioner is innocent and has committed no offence. Counsel
submits that the petitioner is in custody since 17.05.2021. He
submits that on the previous occasion a report regarding stage of
the Trial was called for.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that report has come.
6. Upon perusal of the report, it transpires that the
case is running at the stage of argument.
7. In this background, this Court is not inclined to
grant bail to the petitioner. Hence, the prayer for bail of the
petitioner is hereby rejected. The Trial Court is directed to
expedite the Trial and conclude the same at the earliest.
(Dr. Anshuman, J)
Mkr./-
U T
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