Patna High Court
Prabhakar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail cannot be granted as the petitioner’s antecedents and the co‑accused’s confession substantiate a likelihood of his involvement in the offence.
Summary
Petitioner Prabhakar Yadav was arrested in connection with a murder case involving the killing of a teacher, alleged to be under Section 103 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for bail, arguing that he is not named in the FIR, there is no material linking him to the crime, and he has only been implicated during investigation despite having twelve prior criminal antecedents. The State opposed bail, relying on a co‑accused’s confession that the petitioner facilitated the offence. The court examined the submissions, the seriousness of the charges, the petitioner’s criminal history, and the co‑accused’s statement, and concluded that bail could not be granted. Consequently, the bail petition was rejected, though the petitioner may re‑apply if the trial is not concluded within six months of the order.
Issues considered
- Whether bail should be granted to the petitioner under Section 103 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act given the nature of the offence and his criminal antecedents.
- Whether the absence of the petitioner’s name in the FIR and lack of direct material evidence is sufficient to justify bail.
- Whether a co‑accused’s confession implicating the petitioner warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103
Subjects
- bail
- criminal antecedents
- murder
- Arms Act
- suspicion
- co‑accused confession
- high court
- denial of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78432 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Prabhakar Yadav S/O Sakaldev Yadav R/O Village- Sirwar, P.S- Mahishi and
Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the State : Mr. Dr.Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Kusheshwar Asthan P.S. Case No. 21 of 2025 registered for the
offences punishable under Section 103 of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. The informant’s elder brother, a teacher at Utkramit
High School, was shot dead after leaving for school. The
deceased had ongoing disputes with Headmaster Ram Chandra
Paswan, including a recent altercation over indecent remarks
towards a female teacher, and had expressed fear of being killed.
The informant suspects the Headmaster along with adversaries
Ganga Prasad Yadav, Shivdhari, and Pappu Yadav, of
Patna High Court CR. MISC. No.78432 of 2025(3) dt.06-02-2026
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conspiring in the crime.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
Petitioner is not named in the FIR. Name of the petitioner has
surfaced in this case during investigation. Learned counsel for
the petitioner submits that except suspicion, there is no material
against the petitioner. It is submitted that even the CDR report
also does not confirm about the connectivity of one accused to
another accused. Petitioner was not even put on T.I. Parade to
ascertain his complicity in the alleged occurrence. Petitioner is
languishing in custody since 15.05.2025, having twelve (12)
criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
It is submitted that co-accused in his confessional statement has
confessed his guilt and has very categorically stated the manner
in which alleged occurrence took place, wherein petitioner
facilitated to commit the crime.
6. Considering the rival submissions made by the
learned counsel for the parties and taking into account the
material available on record as also criminal antecedents of the
Patna High Court CR. MISC. No.78432 of 2025(3) dt.06-02-2026
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petitioner, this Court is not inclined to grant bail to the
petitioner. Prayer for grant of bail is hereby rejected.
7. However, petitioner will be at liberty to renew his
prayer for bail in the Court below, if the trial is not concluded
within a period of six months from the date of
receipt/production of a copy of this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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