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Patna High Court

Bangali YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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