Patna High Court
Yogi Pandit @ Yogi Tiwari @ Bishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail to the petitioner at this stage.
Summary
Yogi Pandit was arrested in connection with a double murder case under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleges that he, along with co‑accused, shot the informant’s husband and her devar. The petitioner contended that he is innocent, no incriminating material was recovered from him, and the allegations against him are vague and non‑specific. The State opposed bail, emphasizing the seriousness of the offences, the post‑mortem report, and prior denial of bail to co‑accused. The Patna High Court, after considering the gravity of the charges and the lack of specificity, refused bail and directed the trial court to expedite the trial, allowing a fresh bail application after six months if the trial is not concluded.
Issues considered
- Whether bail should be granted to an accused of murder, conspiracy and arms offences pending trial.
- Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.
- Whether the denial of bail to co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- arms act
- criminal procedure
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79608 of 2025
Arising Out of PS. Case No.-141 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
Yogi Pandit @ Yogi Tiwari @ Bishu Kumar Son of Prabhat Kumar Tiwary
Resident of Village- Khoraitha, P.S.- Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawnit Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Naubatpur P.S. Case No. 141 of 2024, instituted for the offences
punishable under Sections 302, 120(B), 34 of the Indian Penal
Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons have committed murder of
the informant’s husband and her devar by firing.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.79608 of 2025(3) dt.06-02-2026
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possession of the petitioner. Learned counsel for the petitioner
also submitted that the allegation levelled against the petitioner
is not specific rather the same is general and omnibus in nature.
Specific allegation of firing is levelled against co-accused,
namely, Bharat Singh, Mritunjay Kumar, Anshu and Aman
Singh. It is next submitted that as per allegation as alleged
against the petitioner and other co-accused persons are that they
caught hold of the husband and devar of the informant. The
petitioner is in custody since 24.06.2024 and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner stating that the
present case is relating to double murder case. The postmortem
report supports the prosecution case. There is specific allegation
against the petitioner of catching hold the Informant’s husband
and her devar at the time of occurrence. It is next submitted that
regular bail of other co-accused has been rejected by this Court
vide order dated 05.12.2024 passed in Cr. Misc. No. 64008 of
2024. The offence alleged against the petitioner is serious in
nature and, hence, he does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
Patna High Court CR. MISC. No.79608 of 2025(3) dt.06-02-2026
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this Court is not inclined to grant bail to the petitioner at this
stage.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
period of six months from the date of receipt/production, the
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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