Patna High Court
Rekha deviversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that bail could not be granted as the allegations were serious, supported by forensic and testimonial evidence, and the investigation was pending.
Summary
Awadhesh Yadav, aged about 70, and Rekha Devi were charged with the murder of Sarita Devi, the wife of informant Ramparvesh Yadav, allegedly over a loan of Rs.5,50,000. The FIR and case diary state that the petitioners, along with Sudhir Yadav, shot Sarita Devi with a country‑made pistol, and the weapon and blood‑stained cloth were recovered from Awadhesh Yadav’s possession. The petitioners argued that they were falsely implicated and had no criminal antecedent, seeking bail. The State and the informant opposed bail, emphasizing the seriousness of the offence, forensic evidence of firearm injuries, and corroborative witness statements. The Court, after reviewing the FIR, post‑mortem report, and investigation notes, found the material against the petitioners substantial and the investigation ongoing, and therefore refused bail.
Issues considered
- Whether the petitioners are entitled to bail in view of the seriousness of the murder charge and the evidence collected
Legislation cited
Subjects
- bail
- murder
- firearm
- loan dispute
- Criminal Procedure Code
- Arms Act
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15448 of 2026
Arising Out of PS. Case No.-586 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Awadhesh Yadav @ Awadhesh Kumar, aged about 70 years (Male), Son of
Late Ragho Yadav, Resident of Village -Gangapur Bigha, Police Station-
Wena (Chandi) District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 13841 of 2026
Arising Out of PS. Case No.-586 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Rekha Devi, Female, aged 35 years, W/o- Sudhir Yadav, R/o Gangabridge,
P.S. - Wena, Dist. - Nalanda, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 15448 of 2026)
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
(In CRIMINAL MISCELLANEOUS No. 13841 of 2026)
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 17-06-2026 Heard learned counsel for the petitioners, learned
counsel for the Informant, learned APP for the State and
perused the case diary as well as postmortem report of the
deceased.
2. The petitioners are in custody in a case registered
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for the offence punishable under Sections 316(2), 103(1),
238(b), 3 and (5) of the BNS and Sections 25(1-b)a, 26(1) and
35 of the Arms Act.
3. As per allegation in the FIR, it is alleged that on
11.10. 2025, a day before the incident, around 3 pm Sarita Devi
(wife of the informant) was called by Rekha Devi (petitioner
no.2) in lieu of some work related to Jeevika Samuh and on the
next day, i.e., 12.10.2025, the informant, namely, Ramparvesh
Yadav reached near Koyal Bigha Road (District- Nalanda) and
identified the dead body of his wife, namely, Sarita Devi who
was gun shot near the temporal region (Kanpatti) by both the
petitioners and another co-accused namely, Sudhir Yadav
(husband of petitioner no.2). It is further alleged that the motive
behind the murder of the wife of the informant, namely, Sarita
Devi was not to repay the loan amount of Rs. 5,50,000/- only
which were borrowed by Rekha Devi (Petitioner No. 2) from
the deceased i.e., Sarita Devi.
4. Learned counsel for the petitioners submits that
both the petitioners have falsely been implicated in the present
case. He next submits that no cogent material has come against
them and the used country made pistol has been recovered from
the store chips of the house of one Sudhir Yadav (husband of
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Rekha Devi) and petitioners have got no criminal antecedent as
stated in para-3 of the petition and both the petitioners are in
custody since 20.10.2025.
5. Learned APP for the State as well as learned
counsel for the Informant have opposed the prayer for bail of
the petitioners and submits that both the petitioners shot and
killed the wife of the informant, namely, Sarita Devi and used
country made katta which has been recovered from the
possession of petitioner, namely, Awadhesh Yadav.
6. On perusal of the first information report, case
diary, postmortem report of the deceased as well as impugned
order dated 21.01.2026, it appears that both the petitioners are
named in the FIR and from perusal of the case diary in
paragraph nos. 78 and 80, it appears that both the petitioners
shot and killed the wife of the informant, namely, Sarita Devi
and the allegation is very serious and also mentions in the case
diary that blood stained cloth and used country made pistol were
recovered from the possession of petitioner, namely, Awadhesh
Yadav and the postmortem report of deceased, namely, Sarita
Devi states that she died due to multiple injuries caused by a
firearm and also the fact that the investigation is still pending
and from perusal of the case diary, it appears that several
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witnesses have supported the case of the prosecution, so I am
not inclined to grant bail to the above named both petitioners.
7. Accordingly, the prayer for bail of above named
both petitioners is hereby rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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