Patna High Court
Jagbandhu Vyapari @ JagguversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
Jagbandhu Vyapari, the petitioner, applied for regular bail in a case registered as PS‑240 of 2024, alleging that he, along with co‑accused, assaulted the informant's family leading to the death of the deceased. The prosecution alleged that the petitioner was the principal assailant and presented a post‑mortem report supporting the charge of murder under Sections 109, 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner had been in custody since 13 October 2024, and the court noted the seriousness and gravity of the offences and the existence of prima facie material linking him to the crime. Considering the nature of the offence, the strength of the prosecution evidence, and the length of detention, the court was not inclined to grant regular bail. Consequently, the bail application was dismissed, and the trial was directed to be expedited, with a provision for the petitioner to renew the bail prayer if the trial is delayed. The court clarified that its observations were prima facie and limited to the bail application, not to be construed as a judgment on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner in a murder‑related case with prima facie evidence of involvement
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 3(5)
Subjects
- regular bail
- criminal law
- murder
- assault
- Bharatiya Nyaya Sanhita
- trial expedite
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13905 of 2026
Arising Out of PS. Case No.-240 Year-2024 Thana- PIPRAKOTHI District- East Champaran
======================================================
Jagbandhu Vyapari @ Jaggu S/o Dukhi Vyapari R/o Vill- Jhakhara
Colony,ward no-12, P.S.- Piprakothi, East Champaran, Motihari, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Pankaj
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Piprakothi P.S. Case No. 240 of 2024 registered for the offence
under Sections 109, 103 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is the
assailant of the deceased. The allegation against the petitioner is
that he along with other co-accused persons assaulted the
informant and his family members and as a result of which the
deceased sustained injuries and subsequently died.
4. The petitioner is in custody since 13.10.2024. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
Patna High Court CR. MISC. No.13905 of 2026(2) dt.24-04-2026
2/2
indicating his involvement in the commission of the offence.
The post-mortem report supports the prosecution case.
5. Having regard to the nature and gravity of the
offence and the material available on record, this Court is not
inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail is
dismissed. Since the petitioner is in custody for more than a
year, the trial is directed to be expedited. If the trial is delayed
by the prosecution, the petitioner may renew his prayer for bail.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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