Patna High Court
Prem YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to strict conditions, as the investigation indicated suicide and there was insufficient evidence to justify continued detention.
Summary
Prem Yadav was arrested on 20 February 2025 in connection with a murder case (Katoria PS Case No. 46 of 2025) where the informant alleged that Yadav and co‑accused killed the informant’s daughter. The petitioner contended that the allegation was false, asserting that the deceased had committed suicide following a quarrel with him, and that his name was implicated merely because he was the husband. The prosecution opposed bail, highlighting a prior criminal antecedent and noting that the petitioner was already on bail in a related matter. The court examined the investigation report indicating suicide and considered the lack of direct evidence linking the petitioner to the homicide. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Banka.
Issues considered
- What is the appropriate bail jurisprudence under the Bharatiya Nyay Sanhita for an accused alleged to be involved in a murder where the victim is alleged to have committed suicide?
- Whether the petitioner’s prior criminal antecedent and existing bail in another matter preclude the grant of bail in the present case?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 108, 3(5)
Subjects
- bail
- murder
- suicide
- false implication
- criminal antecedent
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76280 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- KATORIYA District- Banka
======================================================
Prem Yadav S/o Chandradhari Mahto @ Chandradhari Yadav R/o Village-
Asanghatta, P.S.- Katoria, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshul, Sr. Advocate
: Mr. Ravi Prakash Dwivedi, Advocate
: Mr. Aditya Singh, Advocate
: Mr. Raushan Kumar, Advocate
: Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Anshul, learned senior counsel for the
petitioner as well as Mr. Braj Kishore Pd., learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.02.2025 in connection with Katoriya P.S. Case No. 46 of
2025, F.I.R. dated 15.02.2025 for the offences punishable under
Sections 103(1), 3(5) of the Bharatiya Nyay Sanhita, 2023 and
charge-sheet has been filed under Section 108 Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
killed his daughter.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.76280 of 2025(3) dt.21-01-2026
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petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated and name of the petitioner transpired merely
on the ground that he happens to be the husband of the
deceased. Infact it has come during investigation, which is
recorded in paragraph nos.23, 24 and 30 of case diary that
deceased has committed suicide herself due to quarrel between
the deceased and the petitioner. He further submits that the
police after investigation submitted the charge-sheet and the
petitioner is in custody since 20.02.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
it has come during investigation that deceased has committed
suicide herself and name of the petitioner transpired merely on
the ground that he happens to be the husband of the deceased,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Banka in connection with Katoriya P.S.
Case No. 46 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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