Patna High Court
Damodar Yadav @ Damodar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Damodar Yadav was arrested in connection with a murder case registered under Sections 103(1), 61(2) and 3(5) of the BNS. The FIR was based solely on the informant’s suspicion that the petitioner and his wife intended to kill the informant’s husband, and the informant was not an eye‑witness. The petitioner contended that no incriminating material exists except a co‑accused’s confession, the investigation is complete and a charge‑sheet has been filed, and therefore there is no risk of evidence tampering. The State acknowledged the informant’s lack of eyewitness status but opposed bail. The Court, considering the absence of direct evidence, the completed investigation and the petitioner’s clean antecedents, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to Section 480(3) of the BNSS.
Issues considered
- The adequacy of the FIR, which is based solely on the informant’s suspicion and not on eyewitness testimony, for denying bail.
- Whether the completion of investigation and filing of a charge‑sheet eliminates the risk of tampering with evidence, justifying bail.
- Whether the nature of the offences under Sections 103(1), 61(2) and 3(5) of the BNS warrants denial of bail in the absence of substantive incriminating material.
Legislation cited
Subjects
- bail
- murder
- suspicion
- informant
- charge sheet
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61728 of 2025
Arising Out of PS. Case No.-393 Year-2024 Thana- PIRBAHOR District- Patna
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Damodar Yadav @ Damodar Rai S/o Ambika Rai @ Pahari Rai R/o Village-
Sabalpur Nawal Tola, P.S.- Sonpur, District- Saran, at present Police Line
Collectriate Ghat, P.S.- Gandhi Maidan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Smita Kumari
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Pirbahore P.S. Case No. 393 of 2024 registered for the
offence under Sections 103(1), 61(2), 3(5) of BNS.
3. The petitioner is named in the F.I.R. and is in
custody since 23.10.2024.
4. As per FIR informant raised suspicion against
petitioner and his wife to commit murder of the husband
of the informant.
5. Learned counsel appearing on behalf of the
petitioner submitted that the informant is not an eye
Patna High Court CR. MISC. No.61728 of 2025(4) dt.06-02-2026
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witness of the occurrence and merely on the basis of
suspicion petitioner implicated alongwith his wife. It is
submitted that during course of investigation nothing
incriminating appears against petitioner except
confessional statement of the co-accused. While
concluding the argument, it is submitted that petitioner is
a man of clean antecedent and moreover, investigation of
this case is completed, for which charge-sheet has been
submitted, as such, there is no chance of tampering with
the evidence.
6. Learned APP duly assisted by Ms. Jhanvi
learned counsel for the informant while opposing the
prayer of bail submitted that petitioner is named in FIR,
however, she fairly conceded that the informant is not an
eye witness of the occurrence.
7. In view of aforesaid factual submission and by
taking note of fact as informant is not an eye witness of
the occurrence, coupled with fact as investigation of this
case already completed, where petitioner remains in
Patna High Court CR. MISC. No.61728 of 2025(4) dt.06-02-2026
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custody since 23.10.2024, accordingly petitioner above
named, is directed to be released on bail in connection
with Pirbahore P.S. Case No. 393 of 2024 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned CJM, Patna /concerned court, subject to the
conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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