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Patna High Court

Baidhyanath Yadav @ Baiju Yadav @ Baijnath YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the nature of the charges and the petitioner’s criminal antecedents did not satisfy the criteria for release on bail.

Summary

The petitioner, Baidhyanath Yadav, was charged with murder under IPC Section 302, attempt to murder under Section 385 in conjunction with Section 34, and illegal possession of a firearm under Section 27 of the Arms Act. The FIR alleges that he shot the husband of an informant, resulting in the victim's death on the spot, and the petitioner has two prior criminal convictions. He applied for bail before the Patna High Court. The court examined the seriousness of the offences and the petitioner’s criminal antecedents and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether bail should be granted to the petitioner in a murder and arms possession case given the seriousness of the offence and his prior criminal record

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • Arms Act
  • criminal antecedent
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87557 of 2025
                   Arising Out of PS. Case No.-132 Year-2022 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Baidhyanath Yadav @ Baiju Yadav @ Baijnath Yadav S/o- Late Yogi Yadav
                 @ Jogi Yadav R/v- Rakhti Ps- Mahishi Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Diwakar Prasad Singh
                 For the Opposite Party/s :     Mr.Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 302, 385/34 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                3. As per F.I.R., petitioner is one of the assailant of the

                   deceased and it is alleged that this petitioner shot on the face of

                   husband of informant, on account of which, husband of

                   informant died on spot. Petitioner has got two criminal

                   antecedent.

                                4. Considering the nature of accusation and criminal

                   antecedent,        the prayer for bail of petitioner is rejected.

                   However, since petitioner is in custody since 01.02.2025, the
           Patna High Court CR. MISC. No.87557 of 2025(2) dt.30-01-2026
                                                       2/2




                     learned trial court is directed to expedite the trial.



                                               (Prabhat Kumar Singh, J)
anay

U      T


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