Patna High Court
Yogendra Pandey @ Tunna PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 319(2), 3(5)
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
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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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