Patna High Court
Dharmendra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
The petitioner, Dharmendra Yadav, was arrested in connection with the murder of Aarti Kumari, alleged under sections 103(1), 238 and 61(2) of the B.N.S. The prosecution’s case is based on a dead body found near a railway track and a claim that the petitioner and his associates killed the victim and staged it as a train accident. The petitioner contended that he is innocent, has no criminal antecedent, and that the allegations are omnibus, relying only on a confessional statement that he later repudiated. He had been in judicial custody since 5 June 2025 and sought regular bail. After hearing both sides, the court found that the circumstances did not warrant continued detention and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder and related offences under sections 103(1), 238 and 61(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 103(1), 238, 61(2)
Subjects
- regular bail
- murder
- criminal procedure
- B.N.S.
- sections 103, 238, 61
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72163 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Dharmendra Yadav S/o- Vinay Yadav @ Nitish Yadav R/v- Dhawal Bigha Ps-
Hulasganj Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1), 238
and 61(2) of B.N.S.
3. The case of the prosecution is that one U.D. Case
No. 02 of 2025 dated 10.03.2025 was registered on the basis of
written statement of Chaukidar Tapeshwar Paswan who in the
morning of 10.03.2025 at about 7:30 AM saw a dead body of a
lady near Railway Track in between village- Harnitand and
Siripur. After 72 hours, photography was done and the dead
body was disposed of. During enquiry, the SHO of Bishunganj
Police informed that in Barabar (Paraytak) P.S. Case No. 27 of
2025 under Section 103(1), 238 and 3(5) of B.N.S. was filed
Patna High Court CR. MISC. No.72163 of 2025(4) dt.27-01-2026
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and one Manoj Devi identified the photograph of the unknown
lady as her daughter, namely, Aarti Kumari who is said to be
died in railway accident. It is further alleged that she fled away
with one Kaju Kumar. Thereafter, the family members of Kaju
Kumar informed the family of Aarti Kumari and her family
members brought her and committed her murder giving it the
colour of train accident.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that real fact is that the
Nanihaal of Kaju Kumar was at Babalbigha who used to come
there. Thereafter, Kaju Kumar and Aarti Kumari had affair with
each other and in the meanwhile, Kaju Kumar behind back with
his family members. Petitioner took away Aarti Kumari to his
Village- Pater. After hectic search, when the family members of
Aarti Kumari failed to search her then father of Aarti Kumari
approached to Hulasganj Police regarding kidnapping of his
daughter against Kaju Kumar and his family members but
police did not lodge the case. Learned counsel further submitted
that from perusal of the FIR, it is clear that there is general and
omnibus allegation against the petitioner and family members of
Aarti Kumari that they have killed her giving it a colour of train
Patna High Court CR. MISC. No.72163 of 2025(4) dt.27-01-2026
3/3
accident. During course of investigation, he has given his
confessional statement and save and except his confessional
statement, there is nothing against him. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 05.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Makhdumpur P.S. Case No. 306 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Jehanabad.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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