Patna High Court
Tuntun Yadav @ Tuman YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable (B.N.S.) Act — s. 103(1), 108, 3(5)
- Bihar Negotiable (B.N.S.S.) Act — s. 480(3)
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
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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
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(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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