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Patna High Court

Awadhesh Yadav @ Awadhesh kumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied bail to both petitioners.

Summary

Awadhesh Yadav, aged about 70, and Rekha Devi were charged with the murder of Sarita Devi, the wife of an informant, allegedly over a loan of Rs. 5,50,000. The FIR and case diary state that the petitioners, along with a co‑accused, shot Sarita Devi with a country‑made pistol, which was later recovered from Awadhesh Yadav’s possession. The petitioners sought bail, claiming they were falsely implicated and have no criminal antecedents. The State and the informant opposed bail, relying on the post‑mortem report, recovered weapon, blood‑stained cloth, and corroborative witness statements. The court found the allegations serious, the investigation ongoing, and the evidence substantial, and therefore refused to grant bail.

Issues considered

  • Whether the petitioners are entitled to bail in view of the seriousness of the murder charge and the evidence against them

Legislation cited

Subjects

  • bail
  • murder
  • firearm
  • loan dispute
  • Arms Act
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.15448 of 2026
                      Arising Out of PS. Case No.-586 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Awadhesh Yadav @ Awadhesh Kumar, aged about 70 years (Male), Son of
                 Late Ragho Yadav, Resident of Village -Gangapur Bigha, Police Station-
                 Wena (Chandi) District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 13841 of 2026
                      Arising Out of PS. Case No.-586 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Rekha Devi, Female, aged 35 years, W/o- Sudhir Yadav, R/o Gangabridge,
                 P.S. - Wena, Dist. - Nalanda, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 15448 of 2026)
                 For the Petitioner/s     : Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
                 (In CRIMINAL MISCELLANEOUS No. 13841 of 2026)
                 For the Petitioner/s     : Mr. Dhananjay Kumar, Advocate
                 For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

4   17-06-2026                 Heard learned counsel for the petitioners, learned

                   counsel for the Informant,            learned APP for the State and

                   perused the case diary as well as postmortem report of the

                   deceased.

                               2. The petitioners are in custody in a case registered
Patna High Court CR. MISC. No.15448 of 2026(4) dt.17-06-2026
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          for the offence punishable under Sections 316(2), 103(1),

          238(b), 3 and (5) of the BNS and Sections 25(1-b)a, 26(1) and

          35 of the Arms Act.

                       3. As per allegation in the FIR, it is alleged that on

          11.10. 2025, a day before the incident, around 3 pm Sarita Devi

          (wife of the informant) was called by Rekha Devi (petitioner

          no.2) in lieu of some work related to Jeevika Samuh and on the

          next day, i.e., 12.10.2025, the informant, namely, Ramparvesh

          Yadav reached near Koyal Bigha Road (District- Nalanda) and

          identified the dead body of his wife, namely, Sarita Devi who

          was gun shot near the temporal region (Kanpatti) by both the

          petitioners and another co-accused namely, Sudhir Yadav

          (husband of petitioner no.2). It is further alleged that the motive

          behind the murder of the wife of the informant, namely, Sarita

          Devi was not to repay the loan amount of Rs. 5,50,000/- only

          which were borrowed by Rekha Devi (Petitioner No. 2) from

          the deceased i.e., Sarita Devi.

                       4. Learned counsel for the petitioners submits that

          both the petitioners have falsely been implicated in the present

          case. He next submits that no cogent material has come against

          them and the used country made pistol has been recovered from

          the store chips of the house of one Sudhir Yadav (husband of
Patna High Court CR. MISC. No.15448 of 2026(4) dt.17-06-2026
                                            3/4




          Rekha Devi) and petitioners have got no criminal antecedent as

          stated in para-3 of the petition and both the petitioners are in

          custody since 20.10.2025.

                       5. Learned APP for the State as well as learned

          counsel for the Informant have opposed the prayer for bail of

          the petitioners and submits that both the petitioners shot and

          killed the wife of the informant, namely, Sarita Devi and used

          country made katta which has been recovered from the

          possession of petitioner, namely, Awadhesh Yadav.

                       6. On perusal of the first information report, case

          diary, postmortem report of the deceased as well as impugned

          order dated 21.01.2026, it appears that both the petitioners are

          named in the FIR and from perusal of the case diary in

          paragraph nos. 78 and 80, it appears that both the petitioners

          shot and killed the wife of the informant, namely, Sarita Devi

          and the allegation is very serious and also mentions in the case

          diary that blood stained cloth and used country made pistol were

          recovered from the possession of petitioner, namely, Awadhesh

          Yadav and the postmortem report of deceased, namely, Sarita

          Devi states that she died due to multiple injuries caused by a

          firearm and also the fact that the investigation is still pending

          and from perusal of the case diary, it appears that several
          Patna High Court CR. MISC. No.15448 of 2026(4) dt.17-06-2026
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                    witnesses have supported the case of the prosecution, so I am

                    not inclined to grant bail to the above named both petitioners.

                                 7. Accordingly, the prayer for bail of above named

                    both petitioners is hereby rejected.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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