Patna High Court
Chhotu Kumar @ Chhotu Yadav @ Chotu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- B.N.S. — s. 103(1), 238
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
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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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