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Patna High Court

Damodar Yadav @ Damodar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 103(1), 3(5), 61(2)
  • BNSS — s. 480(3)

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
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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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