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Patna High Court

Yogendra Pandey @ Tunna PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Yogendra Pandey was arrested on 27 July 2025 in connection with a murder case alleging he, along with co‑accused, shot the informant's brother. The petitioner claimed innocence, arguing that the informant was not an eyewitness and that no material evidence linked him to the crime, while the prosecution highlighted a prior dispute and seven previous criminal antecedents. The petition sought bail under Sections 319(2), 103(1), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The court examined the lack of direct evidence, the seriousness of the offence, and the petitioner’s criminal history. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of antecedents. The bail order was subject to cancellation if conditions were breached.

Issues considered

  • Whether bail should be granted to the accused in a murder case where evidence is largely circumstantial and the accused has prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • murder
  • criminal antecedent
  • Bharatiya Nyay Sanhita
  • Arms Act
  • evidence
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79278 of 2025
                        Arising Out of PS. Case No.-167 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Yogendra Pandey @ Tunna Pandey S/O Ram Prasad Pandey Resident of
                 Village - Toda Police Station - Dinara, District- Rohtas
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghunandan Kumar Singh, Advocate
                 For the State            :        Mr. Ram Bilash Roy Raman, APP
                 For the Informant        ;        Mr. Sarfaraz Ahmad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-01-2026                          Heard Mr. Raghunandan Kumar Singh, learned

                   counsel for the petitioner, Mr. Sarfaraz Ahmad, learned counsel

                   for the Informant as well as Mr. Ram Bilash Roy Raman,

                   learned Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   27.07.2025 in connection with S.Tr. Case No. 323 of 2025

                   arising out of Dinara P.S. Case No. 167 of 2025, F.I.R. dated

                   21.04.2025 for the offences punishable under Sections 319(2),

                   103(1), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27

                   of Arms Act.

                                3. Allegation is that the informant’s brother was killed

                   by the petitioners along with other co-accused persons by

                   inflicting bullet injury in his stomach.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.79278 of 2025(4) dt.29-01-2026
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          petitioner is innocent and he has falsely been implicated in the

          present case. It appears from the FIR that informant is not the

          eye witness and even no one had seen the alleged occurrence

          and his name has been transpired merely on the basis of

          suspicion and except suspicion, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner and the petitioner is in custody since 27.07.2025.

                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner and submits that due to previous

          dispute between the petitioner and the deceased, it is expected

          that the petitioner has killed the deceased but fairly submits that

          no one had seen the alleged occurrence and apart from that the

          petitioner carries seven criminal antecedents other than the

          present one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned 1 st

          Additional Sessions Judge, Bikramganj, Rohtas in connection
            Patna High Court CR. MISC. No.79278 of 2025(4) dt.29-01-2026
                                                        3/3




                      with Dinara P.S. Case No. 167 of 2025, subject to the following

                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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