Patna High Court
Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the bail application.
Summary
Ajay Yadav was arrested in connection with a murder case (PS Case No. 114/2024) where he is alleged to have killed his wife, the deceased. The prosecution alleges that the four‑year‑old child of the deceased identified the petitioner as the killer. The petitioner, represented by Advocate Avinash Kumar Singh, applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State, represented by Additional Public Prosecutor Shyam Kumar Singh, opposed bail on the basis of the child's testimony and the seriousness of the offences under Sections 80 and 3(5) of the B.N.S. The Court, considering the gravity of the alleged crime, declined to grant bail and dismissed the petitioner's application.
Issues considered
- Whether bail should be granted to the accused in a murder case involving alleged killing of the spouse and testimony of a minor child.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- murder
- criminal procedure
- child testimony
- serious offence
- Section 80
- Section 3(5)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81543 of 2025
Arising Out of PS. Case No.-114 Year-2024 Thana- SINDHUGAR District- Gaya
======================================================
Ajay Yadav Son of Kuldeep Yadav Resident of Village - Ajnawa, P.S.-
Sindhugarh, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 30-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Sindhugarh P.S. Case No. 114/2024 registered for the offences
punishable under Sections 80 and 3(5) of B.N.S.
3. As per the prosecution case, petitioner is the
husband of the deceased and he is alleged to have killed the
deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedents and
he is in custody since 23.10.2024. The petitioner undertakes to
co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.81543 of 2025(6) dt.30-03-2026
2/2
for regular bail of the petitioner on the ground that in the FIR,
the four year old child of the deceased has said that the
petitioner has killed her mother.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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