Patna High Court
Pawan Kumar @ Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences and the stage of the trial preclude granting bail.
Summary
The petitioner, Pawan Kumar, was arrested in connection with the murder of his two‑year‑old child, initially alleged against other suspects but later self‑confessed to the crime. He is charged under Sections 120(B), 302 and 201 of the Indian Penal Code. The petitioner filed a second bail application after an earlier bail denial. The trial judge’s report indicated that the trial is nearing its conclusion. The High Court, noting the gravity of the offences, the petitioner’s involvement, and the advanced stage of the trial, refused to revisit its earlier order and dismissed the bail application.
Issues considered
- Whether bail should be granted to the accused in a murder case involving Sections 120(B), 302 and 201 of the IPC at an advanced stage of trial.
Legislation cited
- Indian Penal Code — s. 120(B), 201, 302
Subjects
- bail
- murder
- criminal conspiracy
- evidence tampering
- IPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77817 of 2025
Arising Out of PS. Case No.-28 Year-2024 Thana- SAHJAHANPUR District- Patna
======================================================
Pawan Kumar @ Pawan Yadav Son of Ajay Kumar Yadav @ Ajay Kr. Yadav
@ Buchchu Yadav Resident Of Village - Ramlalpur, Ps- Shahjahanpur, Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Shajahanpur P.S.
Case No. 28 of 2024 registered for the offence under Sections
120(B), 302, 201 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 02.07.2025 passed in Cr. Misc.
No. 78500 of 2024, which reads as under:
“Heard learned counsel for the
petitioners and learned APP for the State in both
the aforesaid cases.
2. The petitioners seek regular bail in
connection with Shajahanpur P.S. Case No. 28 of
2024 registered for the offence under Sections
120(B), 302, 201 of the Indian Penal Code.
3. Initially the FIR was registered for
Patna High Court CR. MISC. No.77817 of 2025(3) dt.11-02-2026
2/2
the murder of two year old child against Shravan
Kumar and Sikander Kumar but subsequently,
during investigation, it has come including the
self-inculpatory statement of Pawan Kumar that
Pawan Kumar, to falsely implicate Shravan
Kumar and Sikander Kumar, along with Devilal
has killed his own child and materials have come
during investigation to connect the petitioners
with the crime.
4. The petitioner of Cr. Misc. No.
76980 of 2024 is in custody since 26.05.2024
and the petitioner of Cr. Misc. No. 78500 of 2024
is in custody since 20.05.2024.
5. Considering the fact that the
petitioners are involved in the murder of a two
year old child and Pawan Kumar is the father of
the child, this Court is not inclined to grant bail
to the petitioners.
6. Accordingly, both the aforesaid
applications are dismissed.”
4. From the report submitted by the trial Judge, it
appears that the trial is on the verge of conclusion.
5. Considering the gravity of the offence and the stage
of the trial, I am not inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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