Patna High Court

Nandu YadavversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioners.

Summary

The petitioners, Nandu Yadav and Manoj Yadav, applied for bail in a case (Bahera P.S. Case No. 70 of 2025) involving alleged offences under Sections 103, 123 and 3(5) of the Indian Penal Code, alleged to be murder of the informant's wife. The prosecution alleged that the petitioners, along with others, committed the murder, while the petitioners claimed they were falsely implicated and that the deceased had committed suicide by poison. The petitioners highlighted that they have no prior criminal record, have been in custody for several months, and that a co‑accused had already been granted bail by the same court. The State opposed the bail application. Considering the facts, the period of custody, and the lack of antecedents, the court was inclined to grant bail, ordering the petitioners to furnish bail bonds of Rs. 15,000 each with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioners accused under Sections 103, 123 and 3(5) of the IPC
Whether the petitioners have been falsely implicated in the alleged murder
Whether the period of custody and absence of prior criminal record justify bail

Legislation cited

Indian Penal Code — s. 103, 123, 3(5)

Subjects

bail
Indian Penal Code
Section 103
Section 123
Section 3(5)
false implication
murder
suicide
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12231 of 2026
                          Arising Out of PS. Case No.-70 Year-2025 Thana- Bahera District- Gaya
                 ======================================================
           1.     Nandu Yadav S/o Late Antu Yadav R/o Village - Ghoraghat, P.S - Bahera,
                  District - Gaya
           2.    Manoj Yadav S/o Nandu Yadav R/o Village - Ghoraghat, P.S - Bahera,
                 District - Gaya


                                                                                     ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr.Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Bahera

                   P.S. Case No. 70 of 2025, instituted for the offences under

                   Sections 103, 123 and 3(5) of the Indian Penal Code.

                               3. Prosecution story, in short, is that petitioners along

                   with other accused persons committed murder of the wife of the

                   informant.

                               4. Learned counsel for the petitioners submitted that

                   petitioners have falsely been implicated in the present case. He

                   further submitted that petitioner no.1 is the father-in-law and
Patna High Court CR. MISC. No.12231 of 2026(2) dt.12-03-2026
                                            2/3




          petitioner no.2 is the brother -in-law of the of the victim. The

          informant is not the eye-witness of the occurrence. The

          occurrence took place on 15.05.2025 and F.I.R. was lodged on

          17.05.2025. He further submitted that deceased committed

          suicide by consuming poison when no one was present at house.

          Learned counsel for the petitioners submits that general and

          omnibus allegation has been made against these petitioners.

          Charge-sheet has been submitted in this case. Learned counsel

          for the petitioner further submits that other co-accused has been

          granted bail by a Co-ordinate Bench of this Court vide order

          dated 26.02.2026 passed in Cr. Misc. No. 13123 of 2026. It has

          been submitted on behalf of the petitioners that the petitioners

          are in custody since 28.09.2025 and 26.07.2025 respectively and

          have no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.12231 of 2026(2) dt.12-03-2026
                                                       3/3




                     below/concerned Court in connection with Bahera P.S. Case No.

                     70 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…