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Patna High Court

Ajay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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