Patna High Court
Gokhul Yadav @ Gokul YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Gokhul Yadav, applied for anticipatory bail after being implicated in a murder case (Sections 302, 120(B) and 34 IPC) arising from a family dispute. He asserted that he has a clean record and that the informant fabricated the allegations to target his family, citing that the deceased was a drunkard with marital conflicts and that the post‑mortem report found no poison. The petitioner argued that the FIR’s claim of poisoning is unsupported by forensic evidence, and he pledged to cooperate with the investigation if bail is granted. The State opposed the bail, contending the seriousness of the offences and risk of tampering. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC, provided the petitioner surrenders within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC despite the serious nature of the charges of murder, conspiracy and common intention.
- Whether there is a likelihood of the petitioner absconding or influencing the investigation.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120B, 302, 34
Subjects
- anticipatory bail
- murder
- poisoning
- false implication
- IPC
- CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71055 of 2025
Arising Out of PS. Case No.-370 Year-2023 Thana- BAGHA District- West Champaran
======================================================
Gokhul Yadav @ Gokul Yadav S/o Nanhi Yadav R/O Village- Ahirani Tola,
P.S.- Bagaha, Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 15-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 302,
120(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioner is a person with clean antecedent and the informant
alleges that his son Niranjan went to the house of his Sadhu
(petitioner) on 25.05.2023 for getting the dispute with his wife
resolved where all the named accused persons including the
petitioner were present from before, it is next alleged that his
son had given Rs. 3 Lakhs to the petitioner and his father-in-law,
further the wife of the deceased had taken all her belongings and
had gone to the house of her brother-in-law, further a dispute
Patna High Court CR. MISC. No.71055 of 2025(4) dt.15-05-2026
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had arisen when the deceased had asked for returning his
money, thus, alleges that the accused persons killed him by
poisoning.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that deceased was a drunkard, as
such, he was having dispute with his wife. It is further submitted
that the deceased used to torture his wife when drunk, as such,
his wife had complained to Mahila P.S. where the deceased was
called, but the dispute could not be resolved as such his wife
refused to stay with the deceased, hence she left for her parental
home. It is further submitted that it absolutely does not stand to
reason that as to why the petitioner would have killed the
deceased and thereby making his own sister-in-law a widow. It
is also submitted that postmortem of the dead body was carried
out and no external injury was found but then in the FIR, it is
alleged that deceased was poisoned. It is next submitted that
viscera report has come and from perusal of the same, it would
manifest that the same records- “No Metallic, Alkaloidal,
Glycosidal, Pesticidal or Volatile poison could be detected in
the contents of all the plastic containers as described above.” It
is thus submitted that informant only with an intent to implicate
Patna High Court CR. MISC. No.71055 of 2025(4) dt.15-05-2026
3/3
the entire family members of the wife of the deceased instituted
the instant false case. It is also submitted that if privilege of
anticipatory bail is granted, the petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
5. The learned APP for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Bagaha
(Bhairoganj) P.S. Case No. 370 of 2023 subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
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