Patna High Court
Bharat Kumar @ Bharat YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to regular bail and ordered his release upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Bharat Kumar Yadav, was arrested in connection with a murder‑related case (PS Kavaiya Case No. 201 of 2024) alleging offences under several sections of the Bihar Negotiable Statutes (BNS). The prosecution alleged that the deceased was killed by his in‑laws after a matrimonial dispute, while the defence argued that the death resulted from poisoning and that the petitioner was falsely implicated. The FIR was lodged six days after the alleged incident, and the post‑mortem report identified zinc phosphide, a rat poison, with only a single bruise on the body. A witness statement suggesting a dying declaration was presented, but it did not identify who administered the poison. Considering the lack of direct evidence against the petitioner, his clean record, and the circumstances of the investigation, the Court inclined to grant regular bail. The petitioner was ordered to be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the BNS.
- Whether the evidence, including the delayed FIR, post‑mortem findings, and the alleged dying declaration, sufficiently links the petitioner to the alleged crime.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 103, 118, 123, 190, 191, 238, 61(2), 62
Subjects
- regular bail
- criminal procedure
- murder
- poisoning
- dying declaration
- delayed FIR
- post‑mortem report
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14537 of 2026
Arising Out of PS. Case No.-201 Year-2024 Thana- Kavaiya District- Lakhisarai
======================================================
Bharat Kumar @ Bharat Yadav S/o Raj Kumar Yadav @ Sadhu D.J. Resident
of Village- Pachna Road Sansar Pokhar, P.S.- Kabayia, Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for grant of regular bail
in connection with a case registered for the offences punishable
under Sections 190, 191, 103, 118, 238, 61(2), 62 and 123 of the
BNS.
3. The case of the prosecution, in short, is that the
deceased had gone to his matrimonial house, where, due to
some matrimonial dispute, he was allegedly killed by his in-
laws.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the occurrence is
alleged to have taken place on 05.09.2024, whereas the
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complaint was filed on 11.09.2024, i.e., with a delay of six days,
which remains unexplained. It is further submitted that, during
the course of investigation, it has transpired that the deceased
was initially taken to a hospital and thereafter referred to
Rajeshwar Hospital, Patna. It is further submitted that the
petitioner and others, in their defence statements, have stated
that the deceased had consumed poison.
5. It is also contended that from perusal of the
complaint petition, it appears that the deceased was assaulted;
however, there is nothing on record to show that the petitioner
either assaulted the deceased or administered poison to him. It is
further submitted that the doctor conducting the post-mortem
examination found only one bruise on the body of the deceased
and preserved the viscera. The FSL report indicates that zinc
phosphide was detected in the dark brown fluid. Zinc phosphide
is a severe gastrointestinal irritant commonly used as a rat
poison. Moreover, the petitioner is languishing in judicial
custody since 24.10.2025 having no criminal antecedent.
6. Learned counsel appearing for the informant has
vehemently opposed the prayer for bail and submitted that,
during the course of investigation, as stated in paragraph 35 of
the case diary, one witness, Raja Ram, has stated that he had
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gone to Rajeshwar Hospital where the deceased allegedly told
him that poison had been administered to him. It is submitted
that this statement may be treated as a dying declaration.
However, even from the statement of the said witness, it is not
clear as to who had administered the poison.
7. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. Accordingly, the petitioner is directed to be released on bail
in connection with Kavaiya P.S. Case No. 201 of 2024, on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each, to the satisfaction of the
learned Chief Judicial Magistrate, Lakhisarai.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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