Patna High Court
Nandu Yadav @ Nandu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail as there is no material suggesting a risk of evidence tampering or absconding and the charge‑sheet has been filed.
Summary
The petitioner, Nandu Yadav, was arrested in connection with a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that he, along with co‑accused, killed Dhananjay Kumar, but no eye‑witness or incriminating material was found in his possession. The petitioner argued that he was falsely implicated, had a clean criminal record, and posed no risk of tampering with evidence or fleeing. The State opposed bail. Considering that the charge‑sheet had already been filed, the petitioner’s clean antecedents, and the length of his custody, the court ordered his release on regular bail upon furnishing a bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita given the facts of the case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- charge sheet
- clean antecedent
- murder case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12913 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- ALIPUR District- Gaya
======================================================
Nandu Yadav @ Nandu Kumar S/O Nathun Yadav Resident of Village-
Akhanpur, P.S.- Alipur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 103(1) and 3(5) of
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, informant raised
suspicion that this petitioner along with other co-accused
persons and some unknown persons killed his brother, namely,
Dhananjay Kumar, whose deadbody was found in Rasalpur
canal near cremation house along with his motorcycle bearing
Reg. No. BR02-Z-3493.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case merely on suspicion. Further submission is that
Patna High Court CR. MISC. No.12913 of 2026(2) dt.26-02-2026
2/2
nothing incriminating material has been recovered form the
conscious possession of the petitioner. There is no eye witness
to support the prosecution case. The charge-sheet has already
been submitted after completion of investigation. Petitioner is in
custody since 03.11.2025 having no criminal antecedent and he
undertakes to co-operate in the trial. There is no chance of
tampering with the evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
submitted, clean antecedent of the petitioner and period of
custody undergone, let the above named petitioner be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-VI, Gaya
Ji/concerned Court in connection with Alipur P.S. Case No. 154
of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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