Patna High Court
Subodh Yadav @ Subodh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court refused to grant bail to the petitioners.
Summary
The petitioners, Lalo Yadav and Subodh Yadav, were arrested in connection with the murder of a teacher’s brother, an offence alleged under Sections 103, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. They contend that they have been falsely implicated, are not named in the FIR, and that only suspicion exists against them, citing the lack of a CDR link and the fact that they were never produced for a T.I. parade. The State opposes bail, relying on a confessional statement in which the petitioners allegedly admitted guilt, recorded in the case diary. After hearing both sides, the Court found the material insufficient to justify bail and rejected the petitioners’ bail applications. The Court allowed the petitioners to re‑apply for bail in the lower court if the trial is not concluded within six months of the order.
Issues considered
- Whether bail should be granted to the accused under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act in view of the alleged confessional statement and the nature of the offences.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)
Subjects
- bail
- murder
- Arms Act
- Bharatiya Nyaya Sanhita
- confessional statement
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79920 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Lalo Yadav Son of Late Bauan Yadav R/o Village- Bahera, Ward No. 2, P.S.-
Kusheshwar Asthan, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80385 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Subodh Yadav @ Subodh Kumar Yadav Son of Sri Deepnarayan Das @
Deepnarayan Yadav @ Dipnarayan Yadav R/o Village - Dhurgaonw, Ward no.
07, P.S. - Bharrahi, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 79920 of 2025)
For the Petitioner/s : Mr. Devendra Kumar Sinha, Sr. Advocate
Mr. Ranjit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 80385 of 2025)
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Surya Narayan Yadav, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 06-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State. Perused the case diary.
2. The petitioners seek bail in connection with
Kusheshwar Asthan P.S. Case No. 21 of 2025 registered for the
Patna High Court CR. MISC. No.79920 of 2025(4) dt.06-02-2026
2/3
offences punishable under Section 103, 3(5) & 61(2) 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
conspiring in the crime.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence as
alleged against them and have falsely been implicated in the
present case. Petitioners are not named in the FIR. Names of the
petitioners have surfaced in this case during investigation.
Learned counsel for the petitioners submits that except
suspicion, there is no material against the petitioners. It is
submitted that even the CDR report also does not confirm about
the connectivity of one accused to another accused. Petitioners
were not even put on T.I. Parade to ascertain their complicity in
the alleged occurrence. Petitioners are languishing in custody
since 25.03.2025 and petitioner, namely, Lalo Yadav bears four
Patna High Court CR. MISC. No.79920 of 2025(4) dt.06-02-2026
3/3
criminal antecedents, whereas, petitioner, namely, Subodh
Yadav @ Subodh Kumar Yadav bears one criminal antecedent.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the
petitioners. It is submitted that petitioners in their confessional
statement has confessed their guilt and have very categorically
stated the manner in which alleged occurrence took place, which
fact finds figure in paragraph No. 127 of the case diary.
6. Considering the rival submissions made by the
learned counsel for the parties and taking into account the
material available on record, this Court is not inclined to grant
bail to the petitioners. Prayer for grant of bail is hereby rejected.
7. However, petitioners will be at liberty to renew
their 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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