Patna High Court
Lalu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, subject to verification of the petitioner’s statement regarding his children and compliance with bail conditions.
Summary
Lalu Yadav was arrested in connection with a dowry‑death murder case (Goh P.S. Case No. 15 of 2026) under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the DP Act. He contended that he was innocent, had no prior criminal record, had been married for sixteen years and had two children who were living with his family. The petitioner applied for regular bail, arguing that the FIR was filed after the death and that the informant had later claimed the case was wrongly instituted. The State opposed the bail. The High Court, after considering the facts and the petitioner’s statements, granted regular bail on a cash bond of Rs 10,000 with two sureties, subject to verification that the children indeed reside with the petitioner and to the condition of regular appearance in court. The order was made clear to be prima facie and not an adjudication on the merits of the murder charge.
Issues considered
- Whether regular bail should be granted to the accused in a dowry‑death murder case under the Bharatiya Nyaya Sanhita, 2023 and the DP Act.
- Whether the petitioner’s claim that his children reside with his family is sufficient ground to justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(3), 352, 80, 85
- DP Act — s. ¾
Subjects
- regular bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- DP Act
- criminal procedure
- verification of family residence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39685 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- GOH District- Aurangabad
======================================================
Lalu Yadav S/o Mahendra Yadav Resident of Village - Chamanpura, P.S.-
Goh, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned Senior counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Goh P.S. Case No. 15 of 2026 registered for the offence under
Section(s) 80, 85, 126(2), 115(2), 351(3), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section ¾ of the DP Act.
3. As per the prosecution case, the petitioner is
accused of killing the deceased on account of non-fulfillment of
demand of dowry.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. It is submitted that the petitioner is in custody since
19.04.2026 and has no criminal antecedents. Learned Senior
Patna High Court CR. MISC. No.39685 of 2026(2) dt.22-06-2026
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Counsel further submits that the petitioner and the deceased was
married 16 years back and have two children. After the death of
the deceased, the FIR was lodged; however, subsequently, the
informant filed an application before the learned Chief Judicial
Magistrate concerned stating that the case was wrongly
instituted against the petitioner and the other accused persons. It
is further submitted that the children are presently residing with
the petitioner's family.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the statement advanced on behalf of the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Goh P.S. Case No.
15 of 2026 subject to conditions that:-
(i) At the time of acceptance of the
bail bonds, the court below shall verify the
statement made on behalf of the petitioner
that the children are residing with the
petitioner's family. If, upon verification, the
Patna High Court CR. MISC. No.39685 of 2026(2) dt.22-06-2026
3/3
said statement is found to be true, the bail
bonds furnished by the petitioner shall be
accepted. However, if the statement is found
to be incorrect, the court below shall pass an
appropriate order in accordance with law.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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