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Patna High Court

Tuntun Yadav @ Tuman YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to the conditions specified under Section 480(3) of the B.N.S.S. Act.

Summary

The petitioner, Tuntun Yadav, was arrested in connection with a murder case (Katoriya P.S. Case No. 129 of 2025) alleging that he and his family killed the informant's daughter. The prosecution alleged the death was a homicide, while the petitioner claimed innocence, stating the cause of death was unascertained and that his wife had committed suicide over a family dispute. The charge sheet was filed under Section 108 of the Bihar Negotiable (B.N.S.) Act, and the petitioner had been in custody since 11 May 2025. The petitioner’s counsel argued lack of evidence and the existence of a prior bail case, seeking release. The court, after considering the charge sheet, custody period, and the circumstances, ordered bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. Act.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the alleged offences.
  • Whether the evidence and charge sheet justify continued detention.
  • Whether the conditions prescribed under Section 480(3) of the B.N.S.S. Act are appropriate.

Legislation cited

Subjects

  • bail
  • murder
  • suicide
  • charge sheet
  • Section 108
  • Section 480(3)
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76251 of 2025
                      Arising Out of PS. Case No.-129 Year-2025 Thana- KATORIYA District- Banka
                 ======================================================
                 Tuntun Yadav @ Tuman Yadav S/O Bijo Yadav Resident of Village- Tasaria,
                 P.S.- Katoriya, Dist.- Banka

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurabh Raj, Advocate
                 For the Opposite Party/s :      Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

6   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Katoriya P.S. Case No. 129 of 2025 registered

                   for the alleged offences under Sections 103(1), 3(5) of B.N.S.

                                03. As per prosecution case, the daughter of the

                   informant died in her matrimonial home and the informant

                   alleged that the petitioner, who is the son-in-law, and his family

                   members have killed her.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. There is no allegation of any demand by the petitioner and

                   any torture being inflicted on the deceased. The cause of death
Patna High Court CR. MISC. No.76251 of 2025(6) dt.17-06-2026
                                            2/3




          could not be ascertained and the opinion has been reserved till

          receipt of viscera report. During investigation it has come to the

          knowledge that as the petitioner did not allow his wife to go to a

          marriage ceremony of the brother-in-law of her brother and

          being agitated, the wife of the petitioner committed suicide.

          Learned counsel further submits that after investigation police

          submitted charge sheet under Section 108 of BNS. The

          petitioner is having antecedent of one case in which he is on

          bail. The petitioner is in custody since 11.05.2025.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          submission of charge sheet and period of custody of the

          petitioner in the background of allegation, the petitioner above

          named is directed to be released on bail on furnishing bail bonds

          of Rs. 10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate,      Banka/concerned           Court     in   connection   with

          Katoriya P.S. Case No. 129 of 2025, subject to the conditions

          mentioned in Section 480(3) of B.N.S.S. and also the following

          conditions :
            Patna High Court CR. MISC. No.76251 of 2025(6) dt.17-06-2026
                                                        3/3




                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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