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Patna High Court

Binod YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Binod Yadav, father‑in‑law of a deceased woman, applied for bail in a case registered under Section 140(3) of the Bihar Narcotic Substances Act. The prosecution alleged that the petitioner’s confessional statement indicated he was privy to the commission of the offence and that he had threatened the informant, whose audio recording was admitted as evidence. The petitioner contended that he had no involvement in the day‑to‑day affairs of the couple and that the confessional statement did not show his complicity. The court noted that the trial was on the verge of conclusion, with most prosecution witnesses already examined, and that granting bail at this stage would jeopardise the pending proceedings. Consequently, the bail application was rejected, with directions to produce the investigating officer for deposition and a provision to renew the bail plea if the trial is not concluded within two months.

Issues considered

  • Whether bail should be granted to the petitioner under Section 140(3) of the Bihar Narcotic Substances Act given the alleged involvement indicated by his confessional statement.
  • Whether the threat to the informant and the proximity of trial conclusion justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • threat to informant
  • trial nearing conclusion
  • Section 140(3) B.N.S.
  • father‑in‑law liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47516 of 2025
                       Arising Out of PS. Case No.-104 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Binod Yadav Son of Late Ramdhani yadav village- Nawadih, Ps- Dobhi, Dist-
                 Gaya                                                   .. ... Petitioner/s


                                                       Versus
                 The State of Bihar                                        ... ... Opposite Party/s

                   ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yogesh Chandra Verma, Sr. Adv.
                                                  Mr. Praveen Kumar, Adv.
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 For the informant        :       Mr. Dhirendra Kumar Sinha, Adv.
                                                  Soni Kumari, Adv.
                                                  Amrit Lal, Adv.
                                                  Vaishnavi Kashyap, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   07-01-2026                   Heard learned Sr. counsel for the petitioner and

                   learned APP for the State as also learned counsel for the

                   informant.

                                 2. The petitioner seeks bail in connection with Bodh

                   Gaya P.S. Case No. 104 of 2025 registered for the offence

                   punishable under Section-140(3) of B.N.S.

                                 3. According to allegation, the deceased was done to

                   death by her family members. Her marriage was solemnized

                   with Vikash Kumar, son of the petitioner.

                                 4. Learned Sr. counsel for the petitioner has submitted

                   that the petitioner is father-in-law of the deceased having no

                   concern with day-to-day affairs of the couple. Except the
Patna High Court CR. MISC. No.47516 of 2025(4) dt.07-01-2026
                                            2/3




          confessional statement of the petitioner, there is nothing against

          him in the entire case diary. Learned Sr. counsel has also

          submitted that even if, his confessional statement, the petitioner

          though implicated his own family members but his complicity

          does not transpire from perusal of his confessional statement.

                       5. On the other hand, learned counsel for the State and

          learned counsel for the informant have submitted that from

          perusal of confessional statement of the petitioner, it transpires

          that he was privi to the commission of the occurrence. Learned

          counsel for the informant has submitted that the trial is on the

          verge of its conclusion. Except the investigating officer, all the

          prosecution witnesses have been examined. Learned counsel has

          also    submitted       that    for     recording    his   deposition,   the

          investigating officer appeared in the court but on that day, the

          court was not available, so, he returned without get recorded his

          deposition. It has also been submitted that the informant has

          been examined as P.W.-6. During his examination-in-chief, he

          has stated that he received telephonic threatening from the

          petitioner, which was recorded in his mobile and the audio clip

          was accepted in the court.

                       6. It transpires that the trial is on the verge of its

          conclusion.
            Patna High Court CR. MISC. No.47516 of 2025(4) dt.07-01-2026
                                                        3/3




                                   7. Considering the aforesaid facts and circumstances,

                      specially the fact that the trial is on the verge of its conclusion,

                      the prayer for bail of the petitioner is rejected.

                                   8. The Senior Superintendent of Police, Gaya is

                      directed to take every efforts for production of the I.O. in the

                      court for his deposition.

                                   9. The learned court below is directed to record the

                      deposition of the investigating officer on the date of his

                      appearance itself.

                                   10. It is expected that the trial shall be concluded

                      within a period of two months. If the trial is not concluded

                      within a period of two months, the petitioner may renew his

                      prayer for bail.

                                   11. It is made clear that the petitioner will not

                      create any hindrance in disposal of the cases, otherwise the

                      petitioner will not be entitled to take the benefit of

                      observation made in this order.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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