Brajesh Yadav @ Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41716 of 2025 Arising Out of PS. Case No.-198 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== Brajesh Yadav @ Brajesh Kumar S/o- Baban Yadav @ Baban Singh Resident of Village- Koyal, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr.Ajay Kumar Singh For the Informant Mr. N.K.Agarwal, Sr. Advocate Mr. Kumar Rajdeep Mr. Raju Kumar Singh For the State :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 302, 120(B) of the IPC and Section 27 of the Arms Act, registered in connection with Sahar P.S.Case No. 198 of 2023.
3. As per allegation, when the informant and her husband had gone to eat prasad in a puja ceremony, the accused persons fired at his husband, due to which he fell down and died on the spot. It is further alleged that the petitioner is instrumental in killing of her husband.
4. The learned senior counsel for the petitioner Mr. Ramakant Sharma has submitted that the petitioner is
Patna High Court CR. MISC. No.41716 of 2025(6) dt.06-01-2026 2/3 innocent and has falsely been implicated. Only one injury was found on the dead-body. Learned senior counsel has further submitted that for the same day occurrence, the members of the defense side have also lodged a case against the members of the prosecution side. One member of the prosecution side also died due to injuries. It is also submitted that a number of disputes are there between the parties. The petitioner is in custody or about two years and there is no progress in the trial.
5. On the other hand, the learned senior counsel for the informant Mr. N.K.Agrawal and the learned APP for the State have opposed the prayer for bail and submitted that the bail applications of the accused persons in the counter case, have been rejected by coordinate Bench of this Court. The learned senior counsel for the informant has also submitted that out of nine accused persons, specific allegation of opening fire is on the petitioner and co-accused Ashok Yadav.
6. Considering the facts and circumstances of the case and also in view of the allegation, presently, this Court is not inclined to grant the petitioner the privilege of bail, which is hereby rejected.
Patna High Court CR. MISC. No.41716 of 2025(6) dt.06-01-2026 3/3
7. The learned trial court is directed to take every endeavour to expedite the trial and dispose it of within a period of nine months.
(Nawneet Kumar Pandey, J) HR/- U T