Dismissed¶19

Raju Yadav v. The State of Bihar

Patna HC1 Apr 2026CR. MISC./8902/2026

Case brief

AI extract

What is this about?

Patna High Court bail rejection, Criminal Miscellaneous No.8902 of 2026, decided 01-04-2026 by Ramesh Chand Malviya, J. Petitioner Raju Yadav; Dhangai P.S. Case No. 47 of 2025, District Bhojpur; offences under Sections 103(1), 61(2) BNS; assault with Lathi, Danda and Rod on informant's father resulting in death; dying declaration implicating petitioner; postmortem showing several injuries; parity plea citing bail granted to co-accused Ramanand Singh and Rajesh Yadav (B.P. Nos. 4331 and 4553 of 2025); petitioner in custody since 27.08.2025; prayer for regular bail rejected.

What did the court decide?

The Court noted that the father of the informant, in his dying declaration, stated regarding the involvement of the petitioner and other co-accused persons as alleged in the FIR. ¶18

Raju Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶19

Issue for consideration

Whether regular bail should be granted to the petitioner Raju Yadav in connection with Dhangai P.S. Case No. 47 of 2025 instituted for offences punishable under Sections 103(1), 61(2) of the BNS.

¶10

Court's answer

The Court noted that the father of the informant, in his dying declaration, stated regarding the involvement of the petitioner and other co-accused persons as alleged in the FIR.

¶18

Ratio / Principle

Perusal of the postmortem report showed several injuries on the body of the deceased, and prima facie the statement of the informant's father supported the case; consequently the Court was not inclined to grant bail to the petitioner.

¶18

Key takeaways

In these circumstances the Court was not inclined to grant bail to the present petitioner, and accordingly the prayer for regular bail was rejected.ratio¶18
Prayer for regular bail of the petitioner is hereby rejected.ratio¶19

Detailed headnote1 paragraphs

Bail refused — Patna High Court (Ramesh Chand Malviya, J.), Criminal Miscellaneous No.8902 of 2026, decided 01-04-2026: Regular bail sought by Raju Yadav in Dhangai P.S. Case No. 47 of 2025, instituted for offences punishable under Sections 103(1), 61(2) of the BNS, rejected. Per the FIR, four named co-accused including the petitioner, along with 4-5 unknown persons, allegedly assaulted the father of the informant with Lathi, Danda and Rod, causing grievous injuries and death. The Court, on perusal of the FIR, entire case diary, postmortem report and the impugned order dated 05.01.2026 of the District and Sessions Judge, Bhojpur at Ara, noted that the deceased, in his dying declaration, stated regarding the petitioner's involvement, and that the postmortem revealed several injuries, prima facie supporting the informant's father's statement; hence bail declined despite counsel's submissions on false implication, land-dispute background, absence of eye witness, parity with co-accused Ramanand Singh and Rajesh Yadav (bailed in B.P. Nos. 4331 and 4553 of 2025), clean antecedent and custody since 27.08.2025.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8902 of 2026

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Arising Out of PS. Case No.-47 Year-2025 Thana- DHANGAI District- Bhojpur

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======================================================

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Raju Yadav, aged 41 years, Male, Son of Late Jamindar Yadav @ Late Jimidar Yadav, Resident of Village- Shivpur, P.S.- Dhangai, District- Bhojpur.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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3 01-04-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Dhangai P.S. Case No. 47 of 2025 instituted for the offences punishable under Sections 103(1), 61(2) of the BNS.

¶11

As per allegation in the FIR, all the four named coaccused persons including the present petitioner along with 4-5 unknown persons assaulted the father of the informant by Lathi, Danda and Rod, due to which, he sustained grievous injuries and thereafter he died.

¶12

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the petitioner is the own brother of Rajesh Yadav and Rabindra Yadav and Rabindra Yadav is the son-inlaw of the deceased Jai Prakash Singh and there is land dispute

¶13

Patna High Court CR. MISC. No.8902 of 2026(3) dt.01-04-2026 2/3

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attributed between Raju Yadav and Rabindra Yadav, which is apparent from the First Information Report. He further submits that there is no eye witness of the alleged occurrence. He next submits that two persons namely Ramanand Singh and Rajesh Yadav have already been granted bail by the trial Court in B.P. No. 4331 of 2025 and B.P. No. 4553 of 2025 vide orders dated 12.11.2025 and 08.12.2025 respectively. Petitioner has got clean antecedent as stated in para 3 of the petition and he is in custody since 27.08.2025.

¶15

Learned APP for the State opposes the prayer for regular bail of the petitioner.

¶16

From perusal of the FIR, entire case diary along with postmortem report and also perused the impugned order dated 05.01.2026 passed by the learned District and Sessions Judge, Bhojpur at Ara, it appears that on the basis of written report of the informant, FIR has been registered under Sections 103(1), 61(2) of the BNS against four named co-accused persons including the present petitioner and the allegation is of assaulting the father of the informant by Lathi, Danda and Rod, due to which, he sustained grievous injuries and thereafter he died. It also appears that the father of the informant in the injured condition has stated in his dying declaration regarding

¶17

Patna High Court CR. MISC. No.8902 of 2026(3) dt.01-04-2026 3/3

¶18

the involvement of the present petitioner and other co-accused persons as alleged in the FIR. From perusal of the postmortem report, it also appears that several injuries have been found on the body of the father of the informant (deceased), so prima facie, the statement of the informant’s father has supported his case, so in this circumstances, I am not inclined to grant bail to the present petitioner.

¶19

Accordingly, Prayer for regular bail of the petitioner is hereby rejected.

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(Ramesh Chand Malviya, J)

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Anand Kr.

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U T

Raju Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raju Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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