Patna High Court
Ratan YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted given the gravity of the offences and the advancement of the trial.
Summary
The petitioner, Ratan Yadav, was charged under IPC sections 302, 307, 120B/34 and Section 27 of the Arms Act for allegedly firing indiscriminately and causing death. He applied for regular bail for the second time after an earlier bail denial on 23.10.2024. The High Court noted that the charge sheet had been framed, the trial had commenced, and material evidence, including a witness statement that the petitioner shot the deceased, was on record. Considering the seriousness of the offences and the progress of the trial, the Court was not inclined to grant bail. Consequently, the bail application was dismissed and the trial court was directed to expedite the proceedings.
Issues considered
- Whether regular bail can be granted to an accused of murder, attempt to murder, criminal conspiracy and arms offences when the trial is underway.
- Whether the earlier order denying bail can be reviewed in light of the trial's progress.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 34
Subjects
- bail
- murder
- attempt to murder
- criminal conspiracy
- Arms Act
- high court
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87599 of 2025
Arising Out of PS. Case No.-137 Year-2020 Thana- BIHARIGANJ District- Madhepura
======================================================
Ratan Yadav S/o Bisho Yadav Resident of Village- Parokia Tola, Hathiondha,
Ward No. 11, P.S.- Bihariganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh, Adv
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Bihariganj
P.S.Case No. 137 of 2020 registered for the offence punishable
under Section 302, 307, 120B/34 of the Indian Penal Code and
section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.10.2024 passed in Cr. Misc.
No.75381 of 2024, which reads as under:-
Heard learned counsel for the
parties.
2. The application for grant of regular
bail arises out of Bihariganj P.S.Case No.
137 of 2020 registered for the offence
under section 302,307 and 120B of the
Patna High Court CR. MISC. No.87599 of 2025(2) dt.11-02-2026
2/2
Indian Penal Code and under section 27 of
the Arms Act.
3. The petitioner and co-accused are said
to have indiscriminately fired upon the
deceased.
4. In the trial, three witnesses have been
examined PW-1 in her evidence has stated
that the petitioner has shot on the chest of
the deceased. The petitioner is in custody
since 21.08.2024.
5. As the trial has progress and the
materials have come against the petitioner
during the investigation, I am not inclined
to grant the petitioner privilege of regular
bail.
6.Accordingly, this bail application is
rejected.”
4. Learned counsel for the petitioner submits that
the charge has been framed.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
7. The learned trial court is directed to expedite the
trial.
(Sandeep Kumar, J)
N.K/-
U T
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