Patna High Court
Harischander Yadav @ Harichaner YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and the condition of personal appearance in court.
Summary
The petitioner, Harischander Yadav, father of a 20‑year‑old girl whose body was found thrown from a bridge, filed a bail application in a case registered under Sections 103(1), 238 and 3(5) of the B.N.S. The FIR was lodged by a chowkidar and the petitioner was not named as an accused; only a confessional statement of another accused, Govind Yadav, was on record. The petitioner argued that there was no material linking him to the offence, he had no criminal antecedents and had been in custody since 06‑01‑2025. The State opposed bail, contending that the charges had been framed. The Court, noting the lack of evidentiary material against the petitioner, the absence of witness examination, and the unlikely near‑term conclusion of trial, ordered that bail be granted on a bond of Rs 10,000 with two sureties and the condition of physical presence in court.
Issues considered
- Whether bail should be granted to the petitioner who is the father of the deceased and not named as an accused in the FIR
- Whether the existence of a confessional statement of another accused suffices to deny bail to the petitioner
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- father of deceased
- B.N.S.
- Section 103
- Section 238
- Section 3(5)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54320 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Harischander Yadav @ Harichaner Yadav S/O Amal Yadav R/O Vill.-
Bathuwariya Chandaraha, P.S.- Bathuwariya Chandaraha, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 12-02-2026 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), 238 and 3 (5) of B.N.S.
3. As per the prosecution case, a dead body of 20 years old
girl was being thrown from the bridge after committing assault.
4. Learned counsel for the petitioner submits that the
present F.I.R has been lodged by a chowkidar against unknown
person reporting an incident of a dead body of 20 years old girl being
thrown from the bridge after committing assault. It has been
submitted, at the outset, that the petitioner happens to be father of the
deceased girl and he has not been named as an accused in the First
Information Report. As a matter of fact, the deceased was in a
relationship with a boy and had eloped with him 7-8 months back
Patna High Court CR. MISC. No.54320 of 2025(3) dt.12-02-2026
2/3
and it is possible that the deceased had either committed suicide or
had been killed by some persons. It is further submitted that, during
the course of investigation, a mobile phone was recovered from the
place of occurrence and same belongs to one Krishna Kumar as
would be evident from paragraph 25 of the case diary. Further, it was
disclosed that the said mobile was being used by one Govind Yadav
with whom the deceased was having an affair and on account of the
reason that the petitioner was opposed to such relationship, it is who
has been made an accused in the present case and his confession has
also been recorded to that effect. Further, it is submitted that beyond
confessional statement there is no other material to connect the
petitioner to the alleged offence. Moreover, the petitioner is in
custody since 06.01.2025 and has no criminal antecedents. It has
been brought on record by way of supplementary affidavit that
charges have already been framed on 25.07.2025.
5. Learned APP for the State opposes the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that the petitioner is the father
of the deceased and against him only material is his own confessional
statement and further considering that the charges have been framed
but no witnesses have been examined as yet, as such, there is no
likelihood of conclusion of trial in near future, the above named
petitioner is directed to be enlarged on bail on furnishing bail bond of
Rs10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.54320 of 2025(3) dt.12-02-2026
3/3
amount each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Yadopur P.S.
Case No. 01 of 2025 , subject to the condition that :
(i) The petitioner shall remain physically present in court
on each and every date during trial and in the event of failure on two
consecutive dates without sufficient reasons, his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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