Patna High Court
Jung Bahadur Yadav @ Jug Bahadur YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 120(B), 302, 34
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.
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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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