Patna High Court
Ram Yadav @ Rama Nand YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted as the gravity of the offences and the commencement of trial outweighed the petitioner's arguments.
Summary
Ram Yadav, accused of murder under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, applied for regular bail for the second time. The petitioner contended that charges had been framed but no witness had been examined, warranting bail. The court noted the seriousness of the offences, the fact that the trial had already commenced, and the petitioner’s alleged role as a lookout who verified the killing. Considering these circumstances, the court found no sufficient ground to grant bail. The bail application was therefore dismissed and the lower court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to an accused of murder and arms offences when the trial has commenced and no witness has yet been examined.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- murder
- arms act
- criminal procedure
- gravity of offence
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85837 of 2025
Arising Out of PS. Case No.-371 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Ram Yadav @ Rama Nand Yadav Son of Bhuto yadav @ Bhato yadav
Resident Of Village - Sathma, ps- Beldaur, Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Baldaur P.S. Case No.
371 of 2024 registered for the offence punishable under Sections
103(1), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms
Act.
3. Earlier the bail application of the petitioner was
rejected on 16.04.2025 in Cr. Misc. No. 19397 of 2025, which
reads as follows:-
Heard the learned counsel for the
petitioner, learned APP appearing for the State
and the learned counsel for the informant.
2. The petitioner, who is in custody
since 25.10.2024, seeks regular bail in
Patna High Court CR. MISC. No.85837 of 2025(2) dt.31-01-2026
2/3
connection with Beldaur P.S. Case No. 371 of
2024 registered for the offence under Sections
103(1), 61(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and under Section 27 of the Arms
Act.
3. The deceased was killed in the
night. During investigation it has come that one
Ranveer Kumar had planned the murder which
was committed by his brother namely Mantu
Yadav along with his friends and relatives. On
the date of occurrence, Ranveer Kumar went to
the Sasural of his brother Mantu Yadav and was
staying there. Mantu Yadav killed the deceased.
4. Petitioner was acting as a liner and
he had verified the killing of the deceased. All
the accused persons had conspired to kill the
deceased.
5. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to
the petitioner.
6. Accordingly, this application for
regular bail is dismissed.
4. Learned counsel for the petitioner submits that
though the charges have been framed, but no witness has been
examined and therefore, the petitioner may be granted bail.
5. Considering the gravity of offence and the fact that
trial has started, I am not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.85837 of 2025(2) dt.31-01-2026
3/3
Accordingly, this application for regular bail stands rejected.
6. The concerned court below is directed to expedite
the trial and conclude the same at the earliest.
(Sandeep Kumar, J)
tusharika/-
U
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