Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kamlesh Yadav, applied for regular bail in a murder case (PS Case No. 37 of 2025) under Sections 61(2), 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner was present at the scene where the informant's 16‑year‑old daughter was found dead, but the informant was not an eye‑witness and gave no direct evidence linking the petitioner to the crime. The petitioner claimed innocence, alleging that the death was a suicide and that he was falsely implicated due to a property dispute, and cited that co‑accused had already been granted bail. The State and the informant opposed bail. Considering the lack of direct evidence, the petitioner’s clean antecedents, and the lengthy pre‑trial custody, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the charges.
Whether the informant’s testimony, lacking eyewitness evidence, is sufficient to deny bail.
Whether the petitioner’s claim of false implication and clean antecedents warrant bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5), 61(2)

Subjects

regular bail
murder
suicide
property dispute
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2112 of 2026
                      Arising Out of PS. Case No.-37 Year-2025 Thana- MOHANPUR District- Jamui
                 ======================================================
                 Kamlesh Yadav S/o- Yamuna Yadav R/v- Rampur Ps- Laxmipur Dist- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar Roy, A.P.P.
                 For the Informant        :      Mr. Sanju Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                   Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Mohanpur P. S. Case No. 37 of 2025 registered for the offences

                   punishable under Sections 61(2), 103(1), 238, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, on 28.03.2025 at about

                   12:45 PM, when the informant along with his wife were grazing

                   their cattle in the field, in the meantime, he received information

                   that his minor daughter, namely Nanki Devi, aged about 16

                   years, was murdered by all the F.I.R. named accused persons,

                   including this petitioner. Upon receiving information, informant

                   immediately rushed to his house where he found the dead body

                   of his daughter lying on the ground and all the F.I.R. named
Patna High Court CR. MISC. No.2112 of 2026(2) dt.13-02-2026
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          accused persons, including this petitioner, were present there.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          From bare perusal of the F.I.R. it is apparent that informant is

          not an eye witness to the occurrence and he has not disclosed as

          to how he came to know that this petitioner has committed the

          alleged offence. Petitioner is son-in-law of co-accused Birbal

          Yadav and due to on going property dispute between the parties,

          petitioner has falsely been implicated in this case. As a matter of

          fact, the deceased committed suicide. Charge-sheet has already

          been submitted. Similarly situated co-accused persons have

          already been granted regular bail by this Court vide order dated

          09.12.2025 passed in Cr. Misc. No. 85512 of 2025. Petitioner

          claims clean antecedent and is in custody since 05.07.2025.

                       5. However, learned A.P.P. for the State as well as

          learned counsel for the informant vehemently opposed the bail

          application.

                       6. Considering the aforesaid facts and circumstances

          of the case and period of custody, this bail application is

          allowed. The petitioner, above named, is directed to be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)

          with two sureties of the like amount each to the satisfaction of
              Patna High Court CR. MISC. No.2112 of 2026(2) dt.13-02-2026
                                                          3/3




                        the learned Chief Judicial Magistrate, Jamui in connection with

                        Mohanpur P. S. Case No. 37 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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