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Patna High Court

Rajeev Kumar @ Rajeev YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Rajeev Kumar, sought bail in a case (Harnaut P.S. Case No. 426 of 2025) alleging offences under Sections 103(1) and 3(5) of the B.N.S., 2023 related to the death of the informant's brother. The prosecution alleged that the deceased was found dead after going to irrigate his fields, with a post‑mortem indicating death by electrocution. The petitioner argued he was falsely implicated, had no criminal record, and the only evidence against him was a statement that he was seen wandering in the fields, with no eyewitness to the alleged crime. The court examined the statements under Sections 180 and 183 of the B.N.S., the post‑mortem report, and the lack of direct evidence, and found no compelling reason to keep the petitioner in custody. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate, 1st Class, Nalanda.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the B.N.S., 2023.
  • Whether the evidence on record, including statements under Sections 180 and 183 and the post‑mortem report, is sufficient to justify continued detention.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 103
  • electrocution
  • post‑mortem report
  • statement under Section 180
  • statement under Section 183
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12576 of 2026
                      Arising Out of PS. Case No.-426 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Rajeev Kumar @ Rajeev Yadav Son of Ganga Vishun Yadav @ Gango Yadav
                 Resident of Village- Pachaura, Ps- Harnaut, Dist- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rudal Prasad, Advocate
                 For the Informant        :       Mr. Binit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-03-2026                     Heard learned counsel for the petitioner; learned

                   counsel for the informant and the learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Harnaut P.S. Case No. 426 of 2025 registered for the

                   offence punishable under Section 103(1) and 3(5) of the B.N.S.,

                   2023.

                                3. The case of the prosecution, in short, is that the

                   brother of the informant (deceased) has gone to irrigate his

                   fields and did not return. After sometime, his dead body was

                   found.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.12576 of 2026(2) dt.09-03-2026
                                            2/3




          case. He also submits that the name of this petitioner has

          surfaced in this case during the course of investigation. One

          Pradeep Kumar has given his statement under Section 180 of the

          BNSS wherein he has said that he went with the petitioner, and

          along with one Triveni Yadav, they were wandering in the fields,

          and they disclosed to him that the deceased was electrocuted by

          a motor. He also submits that from perusal of the order of the

          learned trial court, it transpires that the same kind of statement

          has been given by this witness. In his statement under Section

          183 of the BNSS and from perusal of the postmortem report, it

          transpires that the cause of death is neurocardiogenic shock and

          injury caused by electrocution. He further submits that from

          perusal of the postmortem report, it is clear that the deceased

          died due to electrocution and the only allegation against the

          petitioner is that he was seen wandering in the fields. He further

          submits that there is no eyewitness to the said occurrence.

          Moreover, a statement has been made in para 3 of the petition

          that petitioner has no criminal antecedent and he is languishing

          in judicial custody since 09.12.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and
          Patna High Court CR. MISC. No.12576 of 2026(2) dt.09-03-2026
                                                      3/3




                    considering the facts and circumstances of the case, this Court is

                    inclined to enlarge the petitioner on bail. The above named

                    petitioner is directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                    of the like amount each to the satisfaction of the learned

                    Additional Chief Judicial Magistrate, 1st Class, Nalanda at

                    Biharsharif in connection with Harnaut P.S. Case No. 426 of

                    2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-

U


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