Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Sanjay Yadav, was arrested in connection with a case involving multiple serious offences under the Indian Penal Code and the Arms Act, including murder, assault, and illegal possession of arms. He has been in custody since March 6, 2024, and was previously denied bail by a coordinate bench of the Patna High Court. The prosecution alleges that he participated in the assault of victims and fired at the husband of an informant, and that he was one of the assailants of the deceased. The petitioner’s counsel argued that only four of nine witnesses had been examined, seeking bail on that ground. The court noted that the trial was nearing its conclusion, the gravity of the charges, and the risk of interference, and therefore declined to grant bail. The bail application was dismissed without prejudice to the merits of the case at trial.
Issues considered
- Whether bail should be granted to the petitioner in a case involving multiple serious offences under the IPC and the Arms Act, given the stage of the trial and the nature of the allegations.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 341, 342, 354, 504, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- serious offences
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78061 of 2025
Arising Out of PS. Case No.-90 Year-2024 Thana- HARNAUT District- Nalanda
======================================================
Sanjay Yadav Son of Late Rajendra Yadav R/O Vill- Kharuara, P.S.- Harnaut,
(Chera O.P.), Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanka Singh, Advocate
For the State : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harnaut (Chero O.P.) P.S. Case No. 90 of 2024 registered for the
offence punishable under Sections 147, 148, 149, 341, 342, 323,
354, 302, 504, 506 and 120B of the Indian Penal Code and
Section 27 of the Arms Act.
3. Earlier the prayer for bail of the petitioner was
considered and rejected by a co-ordinate Bench of this Court
vide order dated 26.03.2025 passed in Cr. Misc. No. 79553 of
2024.
4. The prosecution case is that the accused persons
had assaulted the victims. The petitioner is alleged to have fired
upon the husband of the informant.
Patna High Court CR. MISC. No.78061 of 2025(4) dt.30-03-2026
2/2
5. The petitioner is one of the assailants of the
deceased.
6. The petitioner is in custody since 06.03.2024.
7. Learned counsel for the petitioner submits that out
of nine witnesses, four witnesses have been examined.
8. Considering the allegation and the fact that the trial
is on the verge of conclusion, I am not inclined to grant bail to
the petitioner.
9. Accordingly, the application stands dismissed.
10. 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)
P. Kumar
U T
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