Patna High Court
Devendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs. 10,000 and specified conditions.
Summary
Devendra Yadav was arrested on 28 August 2025 in connection with Buxar Rail Police Station Case No. 103 of 2025, arising from an FIR dated 16 May 2025 alleging that he and other accused killed the husband of an informant and disposed of the body on a railway track. The petitioner claimed he was falsely implicated, asserting that a U.D. case registered on 14 April 2025 indicated the deceased died of natural causes and that the informant lodged a false complaint a month later. The prosecution opposed bail, highlighting a prior criminal antecedent of the petitioner. The court examined the lack of incriminating evidence against the petitioner and the circumstances of the alleged false complaint. It granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of the petitioner’s criminal antecedent.
Issues considered
- What is the appropriateness of granting bail to the petitioner accused under Sections 61(2), 103(1) and 3(5) of the BNS, 2023 given the alleged seriousness of the offence and the petitioner’s prior criminal antecedent?
- Whether the petitioner’s claim of being falsely implicated and the lack of evidentiary material linking him to the alleged murder justify the grant of bail?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal antecedent
- false complaint
- murder
- railway track
- Bihar Narcotic Substances Act
- Sections 61(2), 103(1), 3(5)
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80518 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- BUXAR RAIL P.S. District- Bhojpur
======================================================
Devendra Yadav S/o Bansh Narayan Singh @ Bansh Narayan Yadav Resident
of Village- Sahipur (Gadaipur), P.S.- Itarhi, Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Advocate
Mr. Sitendra K. Singh, Advocate
Mr. Shankar Kumar, Advocate
Ms. Dimpal Kumari, Advocate
Mr. Radha Krisha, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Ramchandra Singh, learned counsel for
the petitioner and Mr. Umesh Lal Verma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.08.2025 in connection with Buxar Rail P.S. Case No. 103 of
2025, F.I.R. dated 16.05.2025 for the offences punishable under
Sections 61(2), 103(1) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons have killed the husband of the
informant and thrown his dead body on railway track.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.80518 of 2025(4) dt.31-01-2026
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present case. He further submits that on 14.04.2025 one U.D.
Case No. 26 of 2025 was registered which suggest that the
deceased died a natural death and thereafter, the informant who
is wife of the deceased afterthought and after one month lodged
the present false case on 16.05.2025 against the petitioner and
other accused persons. He further submits that nothing has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 28.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent other
than the present one in which final form has been submitted.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Railway
ACJM, Ara, Bhojpur in connection with Buxar Rail P.S. Case
No. 103 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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