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Patna High Court

Jung Bahadur Yadav @ Jug Bahadur YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of furnishing a bond and sureties.

Summary

The petitioner, Jung Bahadur Yadav, was arrested in connection with a murder case (Sections 302, 120(B) and 34 IPC) where the victim's body was allegedly dismembered. The FIR alleges that five accused, including the petitioner, lured the victim under false pretences and later murdered him. The petitioner contended that he was falsely implicated and that the confessional statement of co-accused Kishori Yadav, which mentions his name, is legally irrelevant. He also pointed out that two co-accused, Amar Yadav and Subhash Yadav, who were on similar factual footing, had already been granted bail by a coordinate bench. The State opposed bail, but the court, noting the parity with the co-accused and the lack of substantive evidence against the petitioner, ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial.

Issues considered

  • Whether bail should be granted to an accused in a murder case involving Sections 302, 120(B) and 34 IPC.
  • Whether the confessional statement of a co-accused implicating the petitioner is sufficient ground to deny bail.
  • Whether the grant of bail to co-accused on similar factual footing mandates similar relief to the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • conspiracy
  • common intention
  • confessional statement
  • equality before law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79256 of 2025
                    Arising Out of PS. Case No.-495 Year-2023 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Jung Bahadur Yadav @ Jug Bahadur Yadav S/O Late Dukhi Yadav Resident
                 of Village - Navtol Barahi, P.S- Phulparas,Dist.- Madhubani... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramchandra Jha Raman, Adv.
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   16-02-2026                    Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Phulparas P.S. Case No. 495 of 2023 registered for the offence

                   punishable under Sections-302, 120(B), 34 of the Indian Penal

                   Code.

                                3. The mother of the deceased is informant of the

                   case. According to averments made in the FIR, five named

                   accused persons including the petitioner took her son from the

                   house at the pretext of participating in a feast. Thereafter, the

                   mobile of the deceased was found switched off. The informant

                   went to the house of co-accused Om Prakash Yadav in search

                   of her son but he could not respond satisfactorily. In course of

                   search, she came to know that a dead body cutting in pieces,

                   is lying in a canal near Bahuarwa. The dead body was of her
Patna High Court CR. MISC. No.79256 of 2025(3) dt.16-02-2026
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          son. Her son was murdered by cutting into pieces. According

          to the informant, all the named accused persons are the

          persons of criminal background.

                       4. The learned counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely been

          implicated in this case. His name has figured in the

          confessional statement of co-accused Kishori Yadav @

          Kishori Kumar Yadav, which has no relevance in the eyes of

          law. Two co-accused persons, namely Amar Yadav and

          Subhash Yadav, were also named by Kishori Yadav @ Kishori

          Kumar Yadav in his confessional statement. The case of the

          petitioner is on similar footing and the co-accused persons,

          namely Amar Yadav and Subhash Yadav, have been granted

          bail by a co-ordinate Bench of this Court.

                       5. On the other hand, the learned APP for the State

          has opposed the prayer for bail.

                       6. Considering the above-mentioned facts and

          circumstances, especially that the co-accused persons on

          similar footing have been granted bail by a co-ordinate Bench

          of this Court, let the petitioner, above-named, be directed to

          furnish bail bonds, and on doing so, the court below shall

          release the petitioner on bail on furnishing bail bonds of Rs.
           Patna High Court CR. MISC. No.79256 of 2025(3) dt.16-02-2026
                                                       3/3




                     10,000/- with two sureties of the like amount each to the

                     satisfaction of the learned District & Additional Sessions

                     Judge-III, Jhanjharpur, Madhubani in connection with

                     Phulparas P.S. Case No. 495 of 2023, subject to the condition

                     that the petitioner shall cooperate in the disposal of the trial

                     and make himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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