Patna High Court
Vipin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioners with specified conditions.
Summary
The petitioners, Vipin Yadav and Adarsh Yadav, were in judicial custody for alleged honour killing of their sister, charged under IPC Sections 307, 302, 201 and 34. Their earlier bail application was rejected, and this was the second application while the trial was ongoing with several witnesses examined. The petitioners argued they had no prior criminal record, were young, and offered undertakings to appear before the trial court and not interfere with witnesses. The State opposed bail, emphasizing the seriousness of the offence and that key witness Nitish was yet to be examined. After considering the facts, the petitioners' undertakings, and the lack of antecedent, the court decided to grant bail with strict conditions, including a bond, sureties, regular appearance, and non‑interference with the investigation.
Issues considered
- Whether bail can be granted to accused in a case of alleged honour killing involving IPC Sections 307, 302, 201 and 34.
- Whether the petitioners' lack of criminal antecedent and their undertakings justify bail despite the seriousness of the charges.
- Whether the ongoing trial and pending examination of key witnesses preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 307, 34
Subjects
- bail
- honour killing
- IPC
- Sections 307, 302, 201, 34
- judicial custody
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76867 of 2025
Arising Out of PS. Case No.-101 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
1. Vipin Yadav S/O Vishwakarma Yadav R/O Village- Bilruan ,P.S- Vijayepur,
District - Gopalganj.
2. Adarsh Yadav S/O Vishwakarma Yadav R/O Village- Bilruan ,P.S-
Vijayepur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Ms. Priya Raj, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
For the Informant : Mr. Sanjay Kumar Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 10-04-2026 Heard Mr. Ajay Kumar Thakur duly assisted by Ms.
Priya Raj, learned counsel for the petitioners, the State as also
Mr. Sanjay Kumar Choubey, learned counsel for the informant.
2. The petitioners are in judicial custody in connection
with Vijayipur P.S. Case No. 101 of 2024 for the offence
punishable under Sections 307, 302, 201/34 of the Indian Penal
Code lodged on 16.05.2024 by the informant, Wishwakarma
Yadav.
3. As per the prosecution story, the informant is the
father of the deceased, Archana Kumari and the allegation is
that she went out to attend nature’s call but failed to return.
4. Later, the villagers raised alarm about the alleged
assault whereafter, upon reaching the place, found his daughter
dead and an injured lying beside her with neck being injured.
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Accordingly, the FIR.
5. As the investigation took place, it was found that it
is the case of honour killing in which the petitioners who are
brothers are involved, the deceased was their sister who was in
relationship with Nitish, injured who was shifted to Gorakhpur
Hospital.
6. Considering the aforesaid facts and the way the
allegation came against these two petitioners which led the
innocent girl to leave this world, the bail application was
rejected on 09.12.2024 in Cr. Misc. No. 64520 of 2024 (Vipin
Yadav & Anr. vs. The State of Bihar).
7. This is the second bail application.
8. Earlier, this Court wanted report from the Trial
Court vide an order dated 16.01.2026 and the report dated
10.10.2026 shows that out of seven charge-sheeted witnesses,
four of them have been examined and the remaining witnesses
include the Doctor, one independent witness as also Nitish who
suffered injuries.
9. Learned counsel for the petitioners, Mr. Ajay
Kumar Thakur has taken this Court to the depositions made by
the informant who is father of the deceased and Bimla Devi who
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is the mother of the injured, Nitish.
10.The sum and summary of both the prosecution
witness no. 2 (Vishwakarma Yadav and P.W.--3, Bimla Devi)
is/are that till date they do not know who killed the girl/injured
Nitish.
11. The submission is that they have remained in
custody since 31.05.2024, have no criminal antecedent, are
young boys and if granted relief, shall ensure that they shall
appear before the Trial Court without fail and in case of default,
the Trial Court can take steps for cancellation of their bail
bonds.
12. Further, if relief is granted, the two petitioners
undertake not to come anywhere near the injured, Nitish and/or
his family members and if any such complaint/report is
submitted before the Police, they are ready to face the
consequences.
13. Learned APP as also learned counsel for the
informant opposes the prayer submitting that it is the case of
alleged honour killing in which the two brothers of the deceased
girl are involved. Nitish is yet to be examined.
14. This Court has gone through the facts of the case
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and the submissions of the parties as also the progress of the
Trial Court in which the informant (father of the deceased and
the lady (mother of the injured) have been examined.
15. As the trial is on, this Court refrains from making
any comment further.
16. Considering the aforesaid facts/undertaking as
also the petitioners do not have criminal antecedent and are in
custody since 31.05.2024, an undertaking has been given that
they shall be diligently appearing in trial and failure to do so,
the Trial Court shall immediately cancel their bail bonds also
taking note of their undertaking that under no circumstances,
they will come anywhere near the injured or his family
members, in that background, till trial this Court is inclined to
extend them the privilege of bail with conditions.
17. Let the petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of like amount each to the satisfaction of learned
Additional District Judge-II, Gopalganj, in connection with
Vijayipur P.S. Case No. 101 of 2024 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
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document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station till conclusion of the trial to mark their attendance
and at the end of the period a certificate be submitted before the
Trial Court failing which the State shall be at liberty to take
steps for cancellation of bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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