Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the accused is alleged to be the assailant in a murder case, and the seriousness of the offence outweighs the considerations for release.
Summary
The petitioner, Ashok Yadav, was charged under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly assaulting the deceased. He applied for regular bail, having been in custody since 29 January 2025. The trial had already commenced and three of six prosecution witnesses had been examined. The High Court, recalling its earlier order dismissing the bail application, held that the seriousness of the murder charge and the petitioner’s role as the alleged assailant precluded the grant of bail. Consequently, the bail application was dismissed, and the earlier order was affirmed.
Issues considered
- Whether bail can be granted to an accused in a murder case under Section 302/34 IPC and Section 27 Arms Act given the gravity of the offence
- Whether the commencement of trial and examination of prosecution witnesses affect the discretion to grant bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Arms Act 27
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78006 of 2025
Arising Out of PS. Case No.-283 Year-2023 Thana- CHAUSA District- Madhepura
======================================================
Ashok Yadav S/O Bisho Yadav @ Bishundeo Yadav @ Visho @ Vishnudev
Yadav R/o Village- Dhuriya Sautari, Ward No. 12, P.S.- Chausa, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the State : Mr.Ram Anurag Singh, 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 Chausa P.S. Case
No. 283 of 2023 registered for the offence under Section 302/34
of the Indian Penal Code and under Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.04.2025 passed in Cr. Misc.
No. 21045 of 2025.
4. The following order was passed on 23.04.2025 in
Cr. Misc. No. 21045 of 2025, which reads as under:
“Heard learned counsel for the
petitioner and learned APP for the State.
Patna High Court CR. MISC. No.78006 of 2025(3) dt.11-02-2026
2/2
2. The petitioner seeks regular bail in
connection with Chausa P.S. Case No. 283 of
2023 registered for the offence under Section
302/34 of the Indian Penal Code and under
Section 27 of the Arms Act.
3. As per the prosecution case, the
petitioner is the assailant of the deceased.
4. The petitioner is in custody since
29.01.2025.
5. Considering the fact that the
petitioner is the assailant of the deceased, this
Court is not inclined to grant bail to the
petitioner.
6. Accordingly, this application is
dismissed.”
5. Learned counsel for the petitioner very fairly
submits that out of six witnesses, three witnesses have been
examined.
6. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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