Patna High Court
Banti Yadav @ Chandra Shekhar Yadav @ Chandrashekhar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to bail because the co‑accused were acquitted and the prosecution witnesses failed to substantiate the charges.
Summary
The petitioner, Banti Yadav, was arrested in connection with the murder of Laxmi Devi, alleged to have been shot inside the informant’s house. He sought bail, claiming innocence and pointing out that the two co‑accused, Niwas Yadav and Sanjay Yadav, had been acquitted in a related trial (S.Tr. No. 368 of 2025). The petitioner further argued that none of the prosecution witnesses, including the informant, had corroborated the case during the co‑accused’s trial. The State opposed the bail application. The Court noted the acquittal of the co‑accused and the lack of supportive testimony, and consequently ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to his appearance before the trial court. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail under Sections 103(1) and 3(5) of the B.N.S. given the acquittal of co‑accused and the absence of corroborative prosecution evidence.
- Whether the lack of witness support in the related trial justifies granting bail in the present case.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Section 103
- Section 3
- acquittal
- insufficient evidence
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38928 of 2025
Arising Out of PS. Case No.-238 Year-2024 Thana- KURSAILA District- Katihar
======================================================
Banti Yadav @ Chandra Shekhar Yadav @ Chandrashekhar Yadav Son of
Late Rajendra Yadav R/O VILLAGE- KATARIYA, P.S. KURSELA, DISTT.-
KATIHAR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-103(1) & 3(5) of the B.N.S.
3. It is alleged that the accused persons including the
petitioner having entered into house of the informant, shot his
wife, Laxmi Devi, as a result of which, she succumbed to the
injuries.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The other two co-accused namely, Niwas Yadav and
Sanjay Yadav faced trial in S.Tr. No. 368 of 2025 and vide
judgment and order dated 02-09-2025 passed by learned District
Patna High Court CR. MISC. No.38928 of 2025(4) dt.05-01-2026
2/2
and Additional Sessions Judge-III, Katihar, they were acquitted.
The case of the petitioner is on similar footing. He is in custody
since 07-04-2025. Learned counsel for the petitioner has
submitted further that none of the prosecution witnesses
including the informant has supported the prosecution case in
course of trial of co-accused in S.Tr. No. 368 of 2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 learned Chief Judicial
Magistrate, Katihar in connection with Kursela P.S. Case No.
238 of 2024 with condition that the petitioner will appear
before the trial court on each and every date till conclusion
of trial.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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