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Patna High Court

Rahul Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail subject to the conditions imposed by the Court.

Summary

Rahul Kumar Yadav was arrested in connection with a murder case (Sections 85, 80, 238, 3(5) of the BNS and Section ¾ of the D.P. Act) arising from a family dispute involving his brother's illicit relationship. The petitioner contended that he was falsely implicated because he is the brother of the deceased's husband and had no role in the alleged crime. He had been in custody since 22 November 2025, while a co‑accused had previously been granted regular bail. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the lack of direct evidence against the petitioner and the precedent of bail to the co‑accused, ordered his release on regular bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail in a murder case under the BNS and D.P. Act.

Legislation cited

Subjects

  • regular bail
  • murder
  • false implication
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7249 of 2026
                    Arising Out of PS. Case No.-134 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Rahul Kumar Yadav S/o- Puspalal Yadav @ Puhuplal Yadav @ Pushpa
                 Narayan Yadav Village- Phulparas PS-Phulparas Distt- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivnandan Bharti
                 For the Opposite Party/s :       Mr.Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   17-02-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail in

                   connection with St. R.No. 208/2025 arising out of Phulparas P.S.

                   Case No. 134 of 2025, registered for the offences punishable under

                   Sections 85, 80, 238, 3(5) of the BNS and Section ¾ of D.P. Act.

                                   3. The marriage of the deceased was solemnized with

                   brother of the petitioner namely Saurabh Kumar Yadav. As per

                   allegation, brother of the petitioner developed illicit relations with

                   one lady teacher namely Indu Bharti. Due to his illicit relationship,

                   quarrel usually took place between the husband and wife. It has

                   further been alleged that the accused persons committed murder of

                   the deceased and concealed her dead body.

                                 4. The learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.7249 of 2026(2) dt.17-02-2026
                                                       2/2




                     that the petitioner is innocent and has falsely been implicated. The

                     FIR itself shows that there was quarrel between husband and wife

                     because the husband had illicit relation with a lady teacher. The

                     petitioner has falsely been implicated merely because he is brother of

                     husband of the deceased. He has no concern with the dispute between

                     husband and wife. He is under custody since 22.11.2025 and co-

                     accused Kanchan Kumar Yadav has been granted regular bail by a

                     coordinate Bench of this Court vide order dated 13.10.2025 in Cr.

                     Misc. No. 71673 of 2025.

                                   5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                     6.   Considering        the   above-mentioned   facts   and

                     circumstances, let the petitioner above-named be released on bail on

                     furnishing bail bonds of Rs.10,000/- with two sureties of the like

                     amount each to the satisfaction of learned District & Additional

                     Sessions Judge-III, Jhanjharpur in connection with St. R.No.

                     208/2025 arising out of Phulparas P.S. Case No. 134 of 2025, subject

                     to the condition that the petitioner shall cooperate in the disposal of

                     trial and make himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T


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