Khayali Yadav @ Khiyali YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22545 of 2025
                     Arising Out of PS. Case No.-375 Year-2020 Thana- NOORSARAI District- Nalanda
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                 Khayali Yadav @ Khiyali Yadav, S/o Late Shivalak Gop, R/o Village-
                 Mkanpur, P.S.- Noorsarai, Distt.- Nalanda (Bihar).
                                                                            ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anirudh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   20-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Noorsarai P.S.

                   Case No.375 of 2020 registered under Sections 302, 201 and

                   120-B read with 34 of the Indian Penal Code.

                                3. As per FIR, the informant alleged that the named

                   co-accused called her husband from boring house whereafter,

                   he went missing and subsequently, his dead body was found

                   in next morning from a well.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the allegation for calling the deceased husband

                   of informant is not available against this petitioner and being
Patna High Court CR. MISC. No.22545 of 2025(3) dt.20-01-2026
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          an afterthought out of previous enmity arising out of land

          dispute, which is pending between the parties since 2007,

          subsequently, concluding the information qua occurrence,

          informant named 11 co-accused persons including this

          petitioner. It is pointed out that save and except suspicion

          nothing survives against this petitioner out of previous

          enmity.

                       5. Explaining criminal antecedent, it is submitted

          that petitioner found involved in three more criminal cases

          with same informant and her father-in-law, where he is on

          bail. While concluding argument, it is submitted that similarly

          situated co-accused namely, Dayanand Yadav, Indrajeet @

          Kaloo, Karoo Kumar and Ajit Yadav were granted anticipatory

          bail by learned co-ordinate Bench of this Court through Cr.

          Misc. No.43900 of 2022 dated 23.11.2022.

                       6. Learned APP while opposing the prayer of bail

          submitted that the petitioner alleged to be involved in

          occurrence actively. However, he could not disputed the

          factual submissions that FIR suggesting only suspicion qua

          petitioner.
        Patna High Court CR. MISC. No.22545 of 2025(3) dt.20-01-2026
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                               7. In view of aforesaid factual submissions and by

                  taking note of fact as petitioner implicated only with present

                  occurrence of murder on the basis of suspicion, accordingly,

                  the petitioner, above-named, in the event of his arrest or

                  surrender in the court below within a period of four weeks

                  from today, is directed to be released on bail on furnishing

                  bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                  sureties of the like amount each to the satisfaction of the

                  learned Chief Judicial Magistrate, Biharsharif, Nalanda in

                  connection with Noorsarai P.S. Case No.375 of 2020, subject

                  to the conditions as laid down under Section 438(2) of the

                  Code of Criminal Procedure (in short ‘CrPC’)/under Section

                  482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

                  short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U   T