Patna High Court
Yogendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to monetary sureties and conditions of appearance.
Summary
Yogendra Chaudhary was arrested in connection with a murder case (PS Neemchak Bathani Case No. 176 of 2023) alleged under Sections 302 and 34 of the Indian Penal Code. The petitioner claimed innocence and argued that the trial had been unduly delayed, having been in custody since 26 September 2023. An earlier bail application was rejected on 18 April 2024. On a second bail application, the court examined the length of custody, the delay in trial, and the seriousness of the charges. Considering these factors, the court ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation and appearance in court. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302 and 34 IPC given the seriousness of the offence and the delay in trial.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- Section 302 IPC
- Section 34 IPC
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91753 of 2025
Arising Out of PS. Case No.-176 Year-2023 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Yogendra Chaudhary Son of Late Nathun Chaudhary R/o Village - Bhinnak
Bigha, P.S. - Neemchak Bathani, District - Gaya..
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Priyadarshi
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned Senior 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 Neemchak
Bathani P.S. Case No. 176 of 2023 registered for the offence
punishable under Sections 302 and 34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner was
rejected vide order dated 18.04.2024 passed in Cr. Misc. No.
10802 of 2024.
4. As per the prosecution case, the deceased has been
killed because of having an affair with one Sangeeta Kumari.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
been falsely implicated in this case. He is in jail since
Patna High Court CR. MISC. No.91753 of 2025(2) dt.12-02-2026
2/2
26.09.2023.
6. Learned counsel for the petitioner submits that the
trial has been delayed.
7. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
8. Considering the period of custody of the petitioner
and the delay in the trial, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge- VII, Gaya
ji/ concerned Court below in connection with Neemchak
Bathani P.S. Case No. 176 of 2023, subject to the condition that
petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and shall
remain present physically or through his advocate as directed by
the Court.
(Sandeep Kumar, J)
Vikas/-
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