Fantus YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76983 of 2025
                      Arising Out of PS. Case No.-72 Year-2020 Thana- KAJRAILI District- Bhagalpur
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                 Fantus Yadav, S/o Girdhari Yadav, resident of Village-Gour Chowki, P.S.-
                 Kajraili, Dist- Bhagalpur
                                                                             ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Kajraili P.S. Case No.72 of 2020 registered for the offences

                   punishable under Sections 302 and 201 of the Indian Penal

                   Code.

                                3. The accused/petitioner is not named in the FIR and

                   is in custody since 08.02.2025.

                                4. As per FIR, a headless body of unknown lady was

                   recovered by Rajendra Paswan, who is the Choukidar of Circle

                   No.2 and informant of present case. The dead body appears 6-7

                   days old was almost decomposed. A suspicion raised through

                   FIR that after committing murder somewhere else, the dead

                   body was thrown at the place from where it was recovered, with
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          intention to disappear the evidence regarding crime in question.

                       5. It is submitted by learned counsel appearing for

          petitioner that the name of petitioner transpired on the basis of

          confessional statement of Shambhu Sharma, who is the

          husband of the deceased. It is submitted that in furtherance of

          this confessional statement, no incriminating material transpired

          during investigation as to connect petitioner with present crime

          in question. It is submitted that considering the overall aspects,

          said co-accused Shambhu Sharma has already granted bail

          through Cr. Misc. No.30453 of 2023 dated 07.07.2023. While

          concluding argument, it is submitted that investigation of this

          case is already completed, for which, charge-sheet has been

          submitted and, as such, there is no chance of tampering with

          the evidence.

                       6. Explaining criminal antecedents, it is pointed out

          by learned counsel that petitioner found involved in three more

          criminal cases, where in one case he has already acquitted and

          in two cases, he is on bail.

                       7. Learned APP opposed the prayer for grant of bail to

          the petitioner.

                       8. In view of aforesaid factual submissions and by
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                       taking note of fact as except suspicion arising out of

                       confessional statement of co-accused, as mentioned aforesaid,

                       prima facie nothing incriminating appears against petitioner

                       during the course of investigation as to connect him with present

                       occurrence of murder, coupled with the fact that investigation of

                       this case is already completed, where petitioner remains in

                       custody since 08.02.2025, accordingly, the petitioner, above-

                       named, is directed to be released on bail furnishing bail bond of

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

                       like amount each to the satisfaction of the learned District and

                       Additional Sessions Judge-8th, Bhagalpur in connection with

                       S.T. No.477 of 2025 arising out of Kajraili P.S. Case No.72 of

                       2020, subject to the conditions as laid down under Section

                       437(3) of the Code of Criminal Procedure (for short

                       ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha

                       Sanhita (for short ‘BNSS’).


                                                               (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T