Patna High Court
Baidhyanath Yadav @ Baiju Yadav @ Baijnath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34, 385
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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