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Patna High Court

Ram Yadav @ Rama Nand YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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