Created by Fuzzy Cloud

Patna High Court

Lakhindra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.