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Patna High Court

Saryug YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the petitioner’s alleged direct participation in the homicide precludes the privilege of bail.

Summary

The petitioner, Saryug Yadav, applied for regular bail in a criminal case (PS Case No. 246 of 2025) where he was accused under Sections 103 and 3(5) of the BNS for allegedly assaulting the informant’s father with various weapons, resulting in death. The petitioner’s counsel, Mr. Priyanka Singh, contended that the petitioner was falsely implicated and had no role in the incident. The State, represented by Mr. Shailendra Kumar, argued that there is a direct allegation that the petitioner assaulted the deceased with a khanti. The Court examined the seriousness of the charge and the specific allegation of direct participation in the homicide. Considering the gravity of the accusation, the Court concluded that the petitioner does not merit the privilege of bail and rejected the application.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under Sections 103 and 3(5) of the BNS for alleged assault leading to death
  • Whether the specific allegation of the petitioner’s direct involvement (assault with a khanti) precludes the grant of bail

Legislation cited

  • BNS — s. 103, 3(5)

Subjects

  • regular bail
  • assault
  • homicide
  • false implication
  • criminal procedure
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85179 of 2025
                   Arising Out of PS. Case No.-246 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Saryug Yadav Son of Late Bundi Yadav R/o Village Hasanganj, P.S.-
                 Pakaribaraw, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Priyanka Singh
                 For the State            :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   23-02-2026                          Heard the learned counsel for the parties.

                                    2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 103 and

                   3(5) of the BNS, registered in connection with Pakaribaraw

                   P.S.Case No. 246 of 2025.

                                   3. As per allegation, the petitioner along with other

                   accused persons assaulted the informant’s father with various

                   weapons leading to his death.

                                 4. The learned counsel for the petitioner has submitted

                   that the petitioner has falsely been implicated and has nothing to

                   do with the alleged occurrence.

                                 5. There is specific allegation that the petitioner and

                   others who assaulted the deceased by various weapons leading
           Patna High Court CR. MISC. No.85179 of 2025(3) dt.23-02-2026
                                                       2/2




                     to his death.

                                  6. Taking into consideration the entire aspect of the

                     matter, especially direct allegation against the petitioner of

                     assaulting the deceased with a khanti, he does not deserve the

                     privilege of bail, which is hereby rejected.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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