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Patna High Court

Jagbandhu Vyapari @ JagguversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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