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Patna High Court

Chhotu Kumar @ Chhotu Yadav @ Chotu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Chhotu Kumar Yadav was arrested in connection with a murder case (Raniganj P.S. Case No. 101 of 2025) alleging that he killed the daughter of informant Ramchandra Yadav and disposed of the body in a bush outside his village. The prosecution’s case is based on the informant’s allegation and a confessional statement attributed to the petitioner, while the petitioner denies the charge, claiming he has been falsely implicated to usurp family property. The petitioner, who has no prior criminal record, applied for regular bail under Sections 103(1) and 238 of the B.N.S., arguing that the only material against him is the alleged confession and that the body was not recovered from his premises. The State opposed the bail, contending the seriousness of the offence. The Court considered the length of custody, the lack of antecedents, and the petitioner’s willingness to cooperate, and ordered that bail be granted on a bond of Rs.10,000 with two sureties. Consequently, the application for bail was allowed.

Issues considered

  • Whether regular bail should be granted to an accused in a murder case under Sections 103(1) and 238 of the B.N.S. given the circumstances of the charge and custody period.

Legislation cited

Subjects

  • bail
  • murder
  • regular bail
  • Sections 103(1) B.N.S.
  • Section 238 B.N.S.
  • criminal procedure
  • property dispute
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14436 of 2026
                       Arising Out of PS. Case No.-101 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Chhotu Kumar @ Chhotu Yadav @ Chotu Kumar Yadav Son of Gajendra
                 Yadav Resident of Village - Belsara Gate No.- 10, P.S.- Raniganj, District -
                 Arariya.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Soni Kumari, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Raniganj P.S. Case No.

                   101 of 2025 dated 12.03.2025 registered for the offences

                   punishable under Sections 103(1) and 238 of the B.N.S.

                                3. As per the prosecution case, the informant, namely,

                   Ramchandra Yadav alleged that the marriage of the petitioner

                   was solemnized with the deceased nine years ago and after some

                   time of marriage due to some dispute, the petitioner used to

                   assault the daughter of the informant which was informed by his

                   daughter. It is further alleged that on 11.03.2025 at about 23:30

                   hours, the brother of this petitioner and others informed that his
Patna High Court CR. MISC. No.14436 of 2026(2) dt.12-03-2026
                                            2/3




          daughter has been killed by the petitioner and her dead body has

          been thrown in the bush beside his village, the informant and

          others went to that place and found the dead body of the

          deceased. Upon information to the police, the police arrived

          there, the informant expressed firm belief that his daughter was

          done to death by this petitioner.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. He further submits that although the petitioner is the

          husband of the deceased but he denies the factum of having

          murdered his wife, the dead body was not recovered from the

          closed borders of his house rather the same was recovered

          outside his village and everyone was knowing the fact but the

          brother of the petitioner is in hands in gloves with the informant

          and trying to malign his image and to falsely implicate him so as

          to take control of the family property. From the impugned order,

          it appears that except the confessional statement of the

          petitioner there is no other material so as to substantiate the

          allegation. The present application for bail on behalf of the

          petitioner has been filed through Patna High Court Legal

          Service Committee. The petitioner is in custody in this case

          since 13.03.2025 having no criminal antecedent. It is further
           Patna High Court CR. MISC. No.14436 of 2026(2) dt.12-03-2026
                                                       3/3




                     submitted that the charges have been framed against the

                     petitioner and the petitioner is ready to co-operate in the trial.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as well as the period of custody, the petitioner above-

                     named, is directed to be enlarged on bail on furnishing bail-bond

                     of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each to the satisfaction of learned Court concerned,

                     Araria in connection with Raniganj P.S. Case No. 101 of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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