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Patna High Court

Ram Lakhan Prasad @ Ram Lakhan Yadav @ MakkhanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner in the present case.

Summary

Ram Lakhan Prasad was arrested in connection with a 2017 case involving murder (IPC s.302) and related offences (IPC s.201, s.34). He applied for regular bail, asserting that he was falsely implicated and that his name appeared only in the confessional statement of co-accused Ajit Kumar, claiming the deceased was killed by dacoits. The petitioner also disclosed a prior criminal case for which he was already on bail and noted his custody since 10 July 2025. The State opposed the bail application. The Patna High Court, after hearing both sides, was not persuaded by the petitioner's arguments and declined to grant bail, dismissing the application.

Issues considered

  • Whether bail should be granted to an accused in a murder case under IPC sections 302, 201 and 34 despite claims of false implication
  • Whether the existence of a prior criminal antecedent and continued custody affect the bail eligibility

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 201
  • IPC 34
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10927 of 2026
                       Arising Out of PS. Case No.-3 Year-2017 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Ram Lakhan Prasad @ Ram Lakhan Yadav @ Makkhan S/o Ayodhaya Prasad
                 R/o Ward No. 8, Hilsa, Gwal Bigha, Indaut, P.S.- Hilsa, Distt- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Khushrupur P.S. Case No. 03/2017 registered for the offences

                   punishable under Sections 302, 201/34 of I.P.C.

                                3. As per the prosecution case, a unidentified young

                   man’s dead body was recovered near Karona ‘Khanda’.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. The name of

                   the petitioner has surfaced in the confessional statement of co-

                   accused Ajit Kumar and the deceased was killed by dacoits.

                   Learned counsel further submits that he has one criminal

                   antecedent in which he is on bail and he is in custody since

                   10.07.2025. The petitioner undertakes to co-operate in the case/
              Patna High Court CR. MISC. No.10927 of 2026(3) dt.23-04-2026
                                                          2/2




                        trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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