Patna High Court
Subhash Yadav @ Subhash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners Subhash Yadav and Gagandeo Rai were arrested in a case registered under the Bharatiya Nyaya Sanhita, 2023 sections 103(1), 238 and 61(2) for allegedly killing the informant’s granddaughter by hanging over a dowry demand. They contended that the deceased was of unstable mind and had committed suicide, and that they were falsely implicated as they are only in‑laws of the victim. The State opposed bail, relying on the seriousness of the allegations. The Court examined the factual matrix, noted that the husband of the deceased had been acquitted in a related trial, and considered that the petitioners had no direct involvement. Accordingly, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties and imposed conditions of personal surety and regular court attendance, with cancellation on non‑compliance.
Issues considered
- Whether bail can be granted to persons accused of murder under B.N.S. sections 103(1), 238 and 61(2) given the nature of the allegations
- Whether the case falls within the ambit of Section 80 of the B.N.S. or is governed by Sections 103(1) and 108(1)
- Whether the petitioners’ claim of false implication and the alleged suicide of the deceased affect their eligibility for bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 108(1), 238, 61(2), 80
Subjects
- bail
- murder
- dowry death
- false implication
- Bharatiya Nyaya Sanhita
- Section 103
- Section 238
- Section 61
- Section 80
- Section 108
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13842 of 2026
Arising Out of PS. Case No.-317 Year-2024 Thana- KALYANPUR District- East Champaran
======================================================
1. Subhash Yadav @ Subhash Kumar Yadav Son of Gagandeo Rai @
Gagandev Yadav Resident of Village - Bahalolpur, P.S. - Kalyanpur, Dist. -
East Champaran.
2. Gagandeo Rai Son of Prasad Rai Resident of Village - Bahalolpur, P.S. -
Kalyanpur, Dist. - East Champaran.
... ... Petitioners.
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 103(1), 238 and 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation in the F.I.R. is that the petitioners
in association of other co-accused are said to have killed the
grand-daughter of the informant by hanging her on non-
fulfillment of demand of dowry.
4. It is submitted by learned counsel for the
petitioners that the petitioners are brother-in-law and father-in-
law of the deceased and they have been falsely implicated for
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causing the death of the deceased. The fact is that the deceased
lady was of unstable mind and she committed suicide in absence
of family members. Further, the husband of the deceased has
faced trial vide Sessions Trial No.1199 of 2025 and after full-
fledged trial he has been acquitted of all the charges. It is further
submitted that the present case is not one under Section 80 of
the B.N.S. but under Section 103(1) and 108(1) of the B.N.S.
Further, the petitioners had no concern with the deceased and
her husband and they are in custody since 24.11.2025 and
chargesheet has been submitted.
5. Learned APP for the State opposed the bail
petition on the ground of allegations made in the F.I.R.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioners are in-laws of the deceased, the above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Kalyanpur P.S. Case No.317 of 2024, subject to
the conditions that :
(i) One of the bailors will be their own blood relative,
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preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioners shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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