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Patna High Court

Mahendra YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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.
Patna High Court CR. MISC. No.82214 of 2025(3) dt.18-02-2026
                                            2/4




                       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
Patna High Court CR. MISC. No.82214 of 2025(3) dt.18-02-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.82214 of 2025(3) dt.18-02-2026
                                                        4/4




                      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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