Patna High Court
Lalu Yadav @ Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 438(2) Cr.P.C.
Summary
The petitioner, Lalu Yadav, sought anticipatory bail in a murder case (Sections 103(1) and 238 of the Bihar Negotiable Substances Act) arising from PS Palanwa Case No. 37 of 2025. The deceased's husband, Satish Yadav, had confessed to killing his wife and named the petitioner among those who allegedly helped dispose of the body. The petitioner argued that he was falsely implicated, that the FIR does not charge him, and that investigation material shows no complicity. The State and the informant opposed the bail. The court examined the material, the confession, and the petitioner's claim of innocence, and applied Section 438(2) of the Criminal Procedure Code. It granted anticipatory bail on condition of a Rs.10,000 bond and two sureties, subject to the usual conditions of Section 438.
Issues considered
- Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner.
- Whether the petitioner’s alleged involvement, as per the co‑accused’s confession, warrants denial of bail.
- Whether the material on record establishes a prima facie case against the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- Section 438 Cr.P.C.
- confession
- complicity
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45437 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Lalu Yadav @ Lalu Kumar S/o Sharnbhu Prasad Yadav @ Sambhu Yada
Resident of Village-Gad Gahuari, PS.-Palanwa, District-East Champaran,
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Adv.
Mr.Dhandev Kumar, Adv.
Mr.Isha Mishra, Adv.
For the State : Mr.Shailendra Kumar, APP
For the Informant : Mr.Suraj Kumar Tiwari, Adv.
Mr.Akshay Tripathi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Palanwa P.S. Case No. 37 of 2025, registered for the
offences punishable under Sections 103(1) and 238 of BNS.
3. As per allegation, the marriage of the deceased was
solemnized with co-accused Satish Yadav ten years prior to
lodging of the FIR. Satish Yadav informed the informant, who is
mother of the deceased, that he had killed his wife by inflicting
blows with bamboo log and soon thereafter, he switched off his
mobile set. She came to know that her son-in-law Satish Yadav
Patna High Court CR. MISC. No.45437 of 2025(3) dt.11-02-2026
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and other accused persons had concealed the dead body of the
deceased.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
There is no allegation against him in the FIR. Only allegation of
killing the daughter of the informant is against co-accused
Satish Yadav, who is husband of the deceased. Satish Yadav
confessed his guilt and in his confessional statement, he has
stated that his wife used to talk one Miyaz Alam, to which he
had prohibited. He confessed that he killed his wife by
assaulting her with bamboo log. The petitioner and other
accused persons are named in his confessional statement as
having assisted him in disposal of the dead body. Learned
counsel has further submitted that the material collected during
the course of investigation shows that the petitioner has no
complicity in commission of murder of the deceased.
5. On the other hand, the learned APP for the State
and the learned counsel for the informant have opposed the
prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
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released on anticipatory 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,
East Champaran, Motihari in connection with Palanwa P.S. Case
No. 37 of 2025, subject to the conditions as laid down under
Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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