Patna High Court
Jogendra Bhuiya @ Jogendra Bharti @ Yogendra BhuiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Jogendra Bhuiya was arrested in connection with the murder of an informant's son, alleged to have occurred while he was working with the victim in a distillery. The prosecution's case is based solely on the informant's suspicion, with no eyewitness testimony linking the petitioner to the crime. The petitioner argued that he has a clean antecedent and that the informant is not an eyewitness. The State opposed bail, contending the seriousness of the charges under Sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, noting that similarly situated co‑accused had been granted bail, allowed the bail application, directing the petitioner to furnish a bond of Rs.10,000 with two sureties and to surrender within eight weeks, subject to conditions under Section 482(2) of the same Act.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the murder charges.
- Whether the lack of eyewitness evidence and the petitioner's clean antecedent justify bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of bail in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 238, 3(5), 482(2), 61(2)
Subjects
- bail
- murder
- suspicion
- clean antecedent
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- distillery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37821 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Jogendra Bhuiya @ Jogendra Bharti @ Yogendra Bhuiya S/O Bitan Bhuiya
R/O - Vijaini, Tarwa Pahari,P.S- Imamganj Luttua,Dist- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends bail in a case registered
for the offences punishable under Sections 103(1), 238, 61(2),
3(5) of the B.N.S., 2023.
3. As per the prosecution case, informant suspects that
all the named accused persons including this petitioner, who was
working with the son of the informant in a Distillery shop (sarab
bhatti), killed the son of the informant.
4. Learned counsel for the petitioner submits that the
informant is not any eye-witness to the alleged occurrence.
Petitioner has been made accused in this case merely on the
suspicion that the petitioner was working with the son of the
informant and hence might have killed him. During
Patna High Court CR. MISC. No.37821 of 2026(2) dt.25-06-2026
2/2
investigation, no one has claimed to have seen this petitioner
committing murder of the son of the informant. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, and the fact
that similarly situated co-accused persons have been granted
bail by this Court, the prayer for bail to the petitioner is allowed.
7. Considering the aforesaid facts, materials available
on record and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate First Class, Sherghati, District- Gayajee in
connection with Imamganj P.S. Case No. 200 of 2025, subject
to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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