Patna High Court
Baiju Kumar Yadav @ Baiju YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted and the application was dismissed.
Summary
The petitioner, Baiju Kumar Yadav, was arrested in connection with a FIR alleging that he, along with others, shot at a victim and attempted to kill him. He is charged under Sections 109, 118(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner, who has been in custody since 28‑01‑2025 and has twelve prior criminal convictions, sought regular bail for the second time after an earlier bail application was rejected. The learned judge noted the gravity of the offences, the existence of multiple antecedents, and the fact that the trial had already commenced. Consequently, the court declined to grant bail, dismissed the application, and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to an accused facing serious offences under the Bharatiya Nyaya Sanhita and the Arms Act despite prior criminal antecedents
- Whether the commencement of trial precludes the grant of regular bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 118(1), 3(5)
Subjects
- bail
- criminal procedure
- serious offence
- Arms Act
- Bharatiya Nyaya Sanhita
- prior criminal antecedents
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87899 of 2025
Arising Out of PS. Case No.-324 Year-2024 Thana- JAYNAGAR District- Madhubani
======================================================
Baiju Kumar Yadav @ Baiju Yadav S/o Jay Prakash Yadav R/o Village- Narar
Uttar Tola, Ward No.7, P.S- Kaluahi, Dist- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Adv
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, 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 Jaynagar P.S.Case
No. 324 of 2024 registered for the offence punishable under
Section 109,118(1),3(5) of the BNS and section 27 of the Arms
Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 14.05.2025 passed in Cr. Misc.
No.28460 of 2025, which reads as under:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The applilcation is for grant
of r egular bail in connection with
Jaynagar P.S.Case No. 324 of 2024,
registered for the offence under section
Patna High Court CR. MISC. No.87899 of 2025(2) dt.11-02-2026
2/2
109,118(1) and 3(5) of the Bharitya Nyaya
Sanhita and Section 27 of the Arms Act.
3. As per the F.I.R, named and
unnamed criminals shot at the victim.
Petitioner is one of the accused who had
reached the spot and tried to kill the
victim.
4. The petitioner is in custody
since 28.01.2025 and he has 12 criminal
antecedents.
5. Considering the criminal
antecedents of the petitioner, I am not
inclined to extend the privilege of bail to
the petitioner.
7. Accordingly, this application
is dismissed.”
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 trail court is directed to expedite the
trail at the earliest.
(Sandeep Kumar, J)
N.K/-
U T
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