Patna High Court
Bangali YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied bail to the petitioner at this stage, permitting a fresh application after six months if the trial is not concluded.
Summary
Bangali Yadav was arrested in connection with a case involving alleged extortion, assault, and murder, charged under several sections of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleges that Yadav, along with accomplices, demanded Rs. 5 lakh as rangdari and that Yadav fired at Gopal Sahni, who later died. Yadav contends he is innocent, was falsely implicated, and that the dispute was solely with the deceased, not him. He has been in judicial custody since 25 February 2025 and seeks bail. The State opposes bail, citing direct allegations of firing and the post‑mortem report showing entry and exit wounds. The Patna High Court, after hearing both sides, refused bail at this stage but allowed Yadav to renew his bail application after six months if the trial remains pending, and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the accused pending trial for offences including murder, extortion, and illegal possession of arms.
- Whether the evidence, including the post‑mortem report, justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 147, 302, 341, 379, 386, 504
Subjects
- bail
- criminal procedure
- murder
- extortion
- arms act
- IPC
- pre‑trial detention
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84825 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Bangali Yadav S/O Late Chulho Yadav R/O Vill.- Khand Diyara,P.S-
Sahebpur Kamal,Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
Mr. Sunil Kumar Yadav, Advocate
Mr. Prabhat Kumar, Advocate
Mr. Ashutosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Sahebpur Kamal P.S. Case No. 168 of 2024 registered for the
offence punishable under Sections 147, 341, 386, 302, 379,
120(B), 504 of the Indian Penal Code and Section 27 of the Arms
Act.
3.The case of the prosecution, in short, is that the
petitioner, along with others being armed with weapons, was
demanding five lakh rupees as rangdari, failing which they would
not allow the informant to collect the fishes. It is further alleged
that the petitioner fired with his three nuts at Gopal Sahni, who
was declared dead by the hospital.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.84825 of 2025(3) dt.07-04-2026
2/2
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that actually the dispute was with one Gopal Sahni. There
was no dispute with the petitioner from the informant, whereas the
allegation is against the petitioner for firing at Gopal Sahni, due to
which he died. He also submits that Petitioner is languishing in
judicial custody since 25.02.2025.
5. The application for bail is vehemently opposed by
learned APP for the State and submits that there is direct allegation
against the petitioner of firing. He also submits that from perusal
of the postmortem report, it is clear that the deceased has received
one wound of entry and one wound of exit.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
not inclined to enlarge the petitioner on bail at this stage, however
the petitioner will be at liberty to renew his prayer for bail after six
months if the trial is not concluded.
7. Learned trial court is directed to expedite the trial.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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