Created by Fuzzy Cloud

Patna High Court

Baiju Kumar Yadav @ Baiju YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.