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Patna High Court

Ashish Raj YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the bail applications, denying bail to the petitioners.

Summary

The petitioners, Ashish Raj Yadav and Anshu Chandrawanshi, applied for bail in two criminal miscellaneous cases arising from Barun Police Station Case No. 20 of 2025, alleging offences under Sections 103(1), 3(5), and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that the petitioners were involved in the killing of the deceased. During trial, all private witnesses had been examined and only three witnesses remained to be examined. Considering the seriousness of the alleged murder and the advanced stage of the trial, the Court was not inclined to grant bail. Consequently, the bail applications were dismissed.

Issues considered

  • Whether bail should be granted to the accused in a murder case involving alleged killing and possession of arms at the stage where most witnesses have been examined

Legislation cited

Subjects

  • bail
  • murder
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • high court
  • trial stage

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.80365 of 2025
                      Arising Out of PS. Case No.-20 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Ashish Raj Yadav S/O Rakesh Kumar Singh Resident of Village- Rakiyan
                 Bigaha, P.S.- Amjhor, District- Rohtas at Sasaram.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 89700 of 2025
                      Arising Out of PS. Case No.-20 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Anshu Chandrawanshi @ Anshu Kumar S/o Satendra Chandrawanshi @
                 Satendra Kahar R/o Village - - Jamuhar, P.S - Mufassil (Dehri), District -
                 Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 80365 of 2025)
                 For the Petitioner/s :  Mr.Rajani Kant Pandey, Advocate
                 For the State        :  Mr.Umesh Lal Verma, APP
                 For the Informant    :  Mr. Bijay Prakash Singh, Advocate
                 (In CRIMINAL MISCELLANEOUS No. 89700 of 2025)
                 For the Petitioner/s :  Mr.Rahul Kumar, Advocate
                 For the State        :  Mr.Madhura Nand Jha, APP
                 For the Informant    :  Mr. Bijay Prakash Singh, Advocate
                                         Mr. D.K. Singh, Advocate
                                         Mr. Rakesh Ranjan Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-03-2026                 Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant in both the

                   cases.

                               2. The petitioner of both the aforesaid cases seeks bail
           Patna High Court CR. MISC. No.80365 of 2025(4) dt.24-03-2026
                                                       2/2




                     in connection with Barun P.S. Case No. 20 of 2025 registered

                     for the offence punishable under Sections 103(1), 3(5) and 61(2)

                     of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                  3. As per the prosecution case, the petitioners are

                     involved in the killing the deceased.

                                  4. In the trial, all the private witnesses have been

                     examined and only three witnesses are left to be examined.

                                  5. Considering the allegation and the stage of trial, I

                     am not inclined to grant bail to the petitioners.

                                  6. Accordingly, the applications stand dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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