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Patna High Court

Prem YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.76280 of 2025(3) dt.21-01-2026
                                                        3/3




                      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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