Patna High Court

Ayush Kumar @ Ayush YadavversusThe State of Bihar

Decided: 31 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, finding no sufficient ground to deny his release.

Summary

Ayush Kumar, also known as Ayush Yadav, was arrested in connection with a murder case (NTPC PS Case No. 34 of 2024) under Section 103(1) of the B.N.S., 2023. The prosecution alleged that after being informed of his daughter's serious illness, the petitioner called the informant to say the daughter had died and was implicated in her killing along with other family members. The petitioner contended that he is the brother‑in‑law of the deceased, has no criminal record, and that the allegation of assault against him is unsupported by the post‑mortem report, which showed only external injuries on the victim. He also highlighted that the victim’s husband, Akash Kumar, had previously been granted bail in a related matter, suggesting a weaker case against him. After hearing both sides, the High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, and ordered his release.

Issues considered

Whether bail should be granted to the accused in a murder case under Section 103(1) of the B.N.S., 2023 given the facts of alleged false implication and lack of incriminating evidence.

Legislation cited

B.N.S., 2023 — s. 103(1)

Subjects

bail
murder
Section 103(1)
B.N.S. 2023
post‑mortem report
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1605 of 2026
                        Arising Out of PS. Case No.-34 Year-2024 Thana- NTPC District- Bhagalpur
                 ======================================================
                 Ayush Kumar @ Ayush Yadav S/o Wakil Yadav R/o Vill- Ogari, P.S -
                 Kahalgaon, District - Bhagalpur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-01-2026                   Heard Mr. Vinay Kumar Mishra, learned counsel for

                   the petitioner and Mr. Shailendra Kumar Singh, learned APP for

                   the State.

                                2. The petitioner has prayed for bail in connection

                   with N.T.P.C. P.S. Case No. 34 of 2024 registered for the

                   offence punishable under Section 103(1) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   informant was informed by the brother-in-law of his daughter

                   that his daughter is seriously ill. After ten minutes, the petitioner

                   called him and told that his daughter is no more. It is alleged by

                   the informant that the petitioner and other family members have

                   killed his daughter.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.1605 of 2026(2) dt.31-01-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the

          petitioner is the brother-in-law of the deceased and she was

          married to Akash Kumar, who has been granted bail by the

          learned coordinate bench of this court passed in Cr. Misc. No.

          33591 of 2025. The case of this petitioner stands on better

          footing. He further submits that there is an allegation that she

          was assaulted. The allegation of assault against the petitioner is

          not supported, as no injury was found in the post-mortem

          examination. There was an external injury found on the body of

          the deceased in the post-mortem report. He further submits that

          a statement has been made in para 3 of the petition that

          petitioner has no criminal antecedent and he is languishing in

          judicial custody since 10.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Sub-
           Patna High Court CR. MISC. No.1605 of 2026(2) dt.31-01-2026
                                                       3/3




                     Divisional Judicial Magistrate, Bhagalpur in connection with

                     N.T.P.C. P.S. Case No. 34 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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