Patna High Court
Lakhindra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied because the Court found prima facie material indicating the accused's involvement in the murder.
Summary
Lakhindra Yadav was arrested in connection with a murder case (PS Bathnaha Case No. 73 of 2023) alleged under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution’s case rests on a self‑inculpatory statement by co‑accused Sikindar Rai, who claimed that Yadav and others pressed the victim’s neck, causing death, and the body was subsequently recovered. Yadav has been in custody since 9 September 2024 and possesses a prior criminal record. The petitioner sought regular bail, arguing that the evidence was not conclusive. The Court observed that the allegations are serious, there exists prima facie material linking Yadav to the offence, and therefore bail could not be granted. Consequently, the application for regular bail was rejected, with the Court emphasizing that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in a murder case where prima facie evidence exists.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- regular bail
- murder
- IPC 302
- IPC 201
- IPC 34
- prima facie evidence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16902 of 2026
Arising Out of PS. Case No.-73 Year-2023 Thana- BATHNAHA District- Sitamarhi
======================================================
Lakhindra Yadav S/o Shivjee Ray R/o vill - Mohanpur, P.S.- Sitamarhi, Dist.-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Bharat Lal
For the Informant : Mr. Santosh Kumar
Mr. Md. Mobassar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard Mr. N.K. Agrawal, the learned Senior counsel
for the petitioner, the learned APP for the State, and the learned
counsel for the informant.
2. The petitioner seeks regular bail in connection with
Bathnaha P.S. Case No. 73 of 2023 registered for the offence
under Sections 302, 201/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of committing the murder of the deceased along with
other co-accused persons.
4. During the course of investigation, one Sikindar
Rai was arrested and made a self-inculpatory statement, wherein
he implicated the petitioner in the crime. He stated that he,
Patna High Court CR. MISC. No.16902 of 2026(2) dt.01-05-2026
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along with the petitioner and others, had pressed the neck of the
deceased, resulting in his death. Pursuant to the disclosure
statement of Sikindar Kumar Yadav @ Sikindar Rai, the dead
body of the deceased was recovered. The petitioner is in custody
since 09.09.2024 and has one criminal antecedent.
5. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence.
6. Considering the aforesaid facts and circumstances,
this Court is not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail stands rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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