Patna High Court
Bhola Yadav @ Bhola Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding the evidence insufficient to justify continued custody.
Summary
The petitioner, Bhola Yadav, was arrested in connection with a murder case (Udwantnagar PS Case No. 495 of 2025) alleged under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution claimed that the petitioner, along with others, killed the informant’s father, allegedly motivated by a romantic affair involving the informant’s son. The petitioner contended that he was falsely implicated, that the FIR lacked any eyewitness, identified six assailants, and argued that the trial court denied bail merely on the basis of alleged antecedents. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the High Court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted in a murder case where the accused is alleged to have a criminal antecedent.
- Whether the lack of eyewitness testimony and the presence of multiple alleged assailants justify bail.
- Whether the trial court erred in denying bail solely on the ground of alleged antecedents.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- Arms Act
- criminal antecedent
- suspicion
- judicial custody
- Patna High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18693 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Bhola Yadav @ Bhola Kumar Yadav Son of Sriram Yadav Resident of
Village- Padminiya P.S.- Krishnagarh District -Bhojpur Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Udwantnagar P.S. Case No. 495 of 2025 registered for the
offence punishable under Sections 103(1), 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that some
unknown miscreants have killed the father of the informant. The
informant believes that the petitioner along with others, has
killed his father, as the son of the informant was having an affair
with the daughter of Sriram Yadav.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18693 of 2026(2) dt.09-04-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
that there is no eye witness to the occurrence and the name of
this petitioner is framed in this case only on the basis of
suspicion. He further submits that from perusal of the FIR, there
are altogether six assailants and from perusal of the post-
mortem report, it is clear that the deceased has received three
gunshot injuries. He further submits that the learned trial court
has rejected the bail of the petitioner only on the basis of
suppression of antecedents. Moreover, the petitioner is
languishing in judicial custody since 27.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
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 Chief
Judicial Magistrate, Bhojpur at Ara in connection with
Patna High Court CR. MISC. No.18693 of 2026(2) dt.09-04-2026
3/3
Udwantnagar P.S. Case No. 495 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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