Patna High Court
Mahendra YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The High Court partially allowed the bail application, granting bail to Mahendra Yadav while rejecting bail for the other three accused.
Summary
The petitioners, four brothers, were charged with murder and related offences under the Indian Penal Code for allegedly assaulting the informant’s brother, leading to his death. Mahendra Yadav, the eldest, was alleged only to have ordered the killing, while the other three were accused of participating in the assault. The petitioners sought bail; the State and the informant opposed, citing the seriousness of the offence and threats to witnesses. The court noted Mahendra Yadav’s senior‑citizen status, lack of direct involvement in the assault, and the fact that the trial had not yet commenced, and therefore granted him bail on condition of sureties and court attendance. The court declined bail for the other three brothers, finding sufficient evidence of their participation in the fatal assault. Consequently, the bail application was partially allowed.
Issues considered
- Whether bail should be granted to Mahendra Yadav, alleged only as an order‑giver, under the circumstances of his age and pending trial.
- Whether bail should be granted to the co‑accused who are alleged to have directly participated in the assault causing death.
- Whether the absence of a charge‑sheet and the non‑commencement of trial affect the grant of bail.
Legislation cited
- Indian Penal Code — s. 103(1), 115(2), 126, 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- bail
- murder
- assault
- order‑giver
- senior citizen
- Indian Penal Code
- criminal procedure
- partial bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82214 of 2025
Arising Out of PS. Case No.-489 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
1. Mahendra Yadav Son of Keshar Yadav Resident of Village- Bihiyan Ps-
Wazirganj, Dist- Gaya Ji
2. Chandan Kumar Son of Mahendra Yadav Resident of Village- Bihiyan Ps-
Wazirganj, Dist- Gaya Ji
3. Rupesh Kumar son of Mahendra Yadav Resident of Village- Bihiyan Ps-
Wazirganj, Dist- Gaya Ji
4. Sanjay Kumar @ Sanjay Yadav Son of Mahendra Yadav Resident of Village-
Bihiyan Ps- Wazirganj, Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Rakesh Kumar Sharma, Advocate
For the State : Dr. Indiwer Kumari, APP
For the Informant : Mr. Ravi Nandan, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned senior counsel for the petitioners,
learned counsel for the informant and learned APP for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 191(2), 191(3), 190, 126, 115
(2), 103(1), 303(2), 352, 351(2) of the B.N.S.
3. As per the prosecution case, when informant’s
brother was coming to his house on a vehicle, all the accused
persons surrounded him and assaulted indiscriminately by
means of iron rod and khanti due to which he died.
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4. Learned senior counsel for the petitioners has
submitted that the First Information Report itself would indicate
that when the deceased had reached the house of Mahendra
Yadav who is petitioner no. 1 his vehicle was stopped and as
many as 14 persons indulged in assaulting the deceased
indiscriminately with iron rod and khanti on account of which
he suffered serious injury and finally succumbed to the injuries
received. It has been pointed out that in the later part of the First
Information Report, it has been stated that petitioner no. 1,
Mahendra Yadav and one Vijay Yadav had ordered for killing
the deceased and co-accused Vijay Yadav had been granted
default bail by the Court below. It is further submitted that
postmortem report indicates certain injuries but one is sharp cut
injury and other two are in the nature of abrasion. The petitioner
no. 1 (Mahendra Yadav) is a senior citizen of 65 years having no
criminal antecedent and he is in custody since 31.07.2025 and
only charge-sheet has been submitted. Since the case has not
even been committed to Court of Session, there is no likelihood
of the case reaching its conclusion.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposes the bail application and
a counter affidavit has also been filed stating that the deceased
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was working in Para Military force who was brutally assaulted
by the petitioners and even thereafter they have been
continuously threatening the witnesses to withdraw the case or
they would suffer dire consequences.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that so
far as petitioner no. 1, namely, Mahendra Yadav is concerned,
the allegation against him is confined to the fact that he was an
order-giver and there is no allegation upon him being involved
in assault of the deceased, coupled with the fact that he is a
senior citizen and he is in custody since 31.07.2025 with no
likelihood of the trial being concluded when it has not even
commenced, let the petitioner no. 1, namely, Mahendra Yadav
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, 1 st
Class, Gaya Ji/concerned Court below in connection with
Wazirganj P.S. Case No. 489 of 2025, with condition that:
(I) The petitioner no. 1 shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons and
cooperate also in getting the charges framed, failing which his
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bail bonds shall be liable to be cancelled by the learned court
concerned.
7. So far as petitioner nos. 2 to 4 are concerned, since
there are allegations of assault upon them and the deceased had
died on account of such assault, I am not inclined to grant bail to
the petitioner nos. 2 to 4.
8. Accordingly, the application on behalf of petitioner
nos. 2 to 4 stands rejected for the present.
9. In view thereof, the application is partly allowed.
(Soni Shrivastava, J)
Ranjeet/-
U T
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