Patna High Court
Vakil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Yadav, was arrested in connection with the alleged kidnapping and murder of a woman’s son and charged under Sections 140(1) and 3(5) of the Bharatiya Nyaya Sanhita. He filed an application for regular bail, asserting his innocence and contending that the informant was not an eyewitness and that no direct or indirect material linked him to the offence. The State opposed the bail application. The court considered the nature of the accusation, the absence of substantive evidence, and the length of the petitioner’s custody since 10‑03‑2025. Concluding that only suspicion existed without material proof, the court granted bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was directed to be released.
Issues considered
- Whether regular bail should be granted to an accused under Sections 140(1) and 3(5) of the Bharatiya Nyaya Sanhita when only suspicion exists.
- Whether the lack of direct or indirect material evidence justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(1), 3(5)
Subjects
- regular bail
- kidnapping
- murder
- Bharatiya Nyaya Sanhita
- Sections 140(1) and 3(5)
- presumption of innocence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74412 of 2025
Arising Out of PS. Case No.-211 Year-2024 Thana- KURSAILA District- Katihar
======================================================
Vakil Yadav S/o Late Mindeshwari Yadav R/o Village- Yadav Tola Kheriya,
P.S.- Kursela, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with S.T.
No. 529 of 2025 arising out of Kursela P. S. Case No. 211 of
2024 in a case registered for the offences punishable under
Sections 140(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., informant suspects that all the named
accused persons, including this petitioner, kidnapped and killed
her son.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Informant
is not an eye witness of the occurrence and only suspicion has
been raised against this petitioner. During course of
investigation, no direct or indirect material has come to show
Patna High Court CR. MISC. No.74412 of 2025(3) dt.09-01-2026
2/2
complicity of this petitioner in the alleged offence. Petitioner is
in custody since 10.03.2025. Charge-sheet has already been
submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to be released on bail on furnishing bail bond
of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned District &
Additional Sessions Judge-IX, Katihar in connection with S.T.
No. 529 of 2025 arising out of Kursela P. S. Case No. 211 of
2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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