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Patna High Court

Surith YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the application.

Summary

Surith Yadav, the father‑in‑law of the deceased Renu Devi, was charged under Sections 302 and 201 of the Indian Penal Code for allegedly murdering and dismembering her. He applied for regular bail for the second time, having been in custody since May 2023 and previously denied bail. The High Court examined the gruesome nature of the crime, the fact that the body was cut into pieces, and the commencement of trial. Considering the seriousness of the offences and the stage of the proceedings, the Court declined to grant bail. The bail application was dismissed and the court directed the police to arrest the remaining co‑accused.

Issues considered

  • Whether the petitioner is entitled to regular bail in a murder and concealment case where the trial has already commenced
  • Whether the gravity of the offences under IPC Sections 302 and 201 precludes the grant of bail

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 201
  • high court
  • Patna
  • criminal procedure
  • grievous homicide
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51222 of 2025
                         Arising Out of PS. Case No.-66 Year-2023 Thana- SIGAUDI District- Patna
                 ======================================================
                 Surith Yadav S/o Balli Yadav R/o Village- Karni Bigha, P.S.- Parsa Bigha,
                 District- Jehanabad

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pintu Kumar Patel, APP
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Sigaudi P.S.Case

                   No. 66 of 2023 registered for the offence punishable under

                   Sections 302 and 201 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 21.02.2015 passed in Cr. Misc.

                   No.29916 of 2024, which reads as under:-

                                                          Seen the office notes.
                                                          2. Defect No. 6(7) is ignored.
                                                          3. Heard learned counsel for
                                              the petitioner and learned APP for the
                                              State Sri Jharkhandy Upadhayay.
                                                         4. The petitioner seeks bail in
                                              connection with Sigori P.S.Case No. 66 of
                                              2023 registered for the offence under
Patna High Court CR. MISC. No.51222 of 2025(4) dt.10-02-2026
                                            2/3




                                     section 302/201 of the Indian Penal Code.
                                                5. The petitioner is father-in-law
                                     of the deceased and h e is accused of
                                     killing the deceased. Petitioner is in
                                     custody since 22.05.2023.
                                                6. I have heard and considered
                                     the submissions of the parties and also
                                     have gone through the records of the case.
                                                7. The dead body cut into pieces
                                     was recovered and subsequently it was
                                     found that it was of the deceased namely
                                     Renu Devi. During investigation it has
                                     come that the petitioner and other family
                                     members had killed the deceased by
                                     cutting her into pieces in their house.
                                                8. The motive for killing the
                                     deceased is that she was used to leave
                                     house. This action of the deceased does
                                     not grant license to the family members to
                                     kill her by cutting her into pieces.
                                                9. Considering the aforesaid
                                     facts and circumstances, I am not inclined
                                     to grant bail to the petitioner.
                                     Accordingly , this application for regular
                                     bail is dismissed.
                                                10. the Senior Superintendent of
                                     Police, Patna is directed to see to it that
                                     the other co-accused which includes the
                                     husband of the deceased are arrested as
                                     the case is of 2023 and in such a brutal
                                     murder, the accused persons are
                                     absconding.
                                                11. Let a copy of this order be
                                     communicatedto the Senior Superintendent
                                     of Police, Patna through FAX for its
                                     compliance forthwith.

                            4. Learned counsel for the petitioner submits that
        Patna High Court CR. MISC. No.51222 of 2025(4) dt.10-02-2026
                                                    3/3




                  the charge has already been framed.

                              5. Considering the gravity of the offence and the fact

                  that the trial has started, I am not inclined to review my earlier

                  order.

                                 6. Accordingly, the application stands dismissed.



                                             (Sandeep Kumar, J)
N.K/-

U


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