Patna High Court
Harilal Yadav @ Hari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner as the prosecution failed to produce any material linking him to the offence.
Summary
The petitioner, Harilal Yadav, applied for bail in a case registered under Section 103(1) of the Bharatiya Nyaya Sanhita concerning the death of an informant's son. The prosecution alleged that the accused had called the informant's son to return money, after which the body was found, but the FIR did not name the petitioner and no material evidence linked him to the crime. The petitioner had been in custody since 28 July 2025 solely on suspicion. The court examined the lack of any incriminating evidence and the principle that bail should not be denied on mere suspicion. Accordingly, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 103(1) of the Bharatiya Nyaya Sanhita when no material evidence connects him to the offence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1)
Subjects
- bail
- suspicion
- no evidence
- Section 103(1) Bharatiya Nyaya Sanhita
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82592 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Harilal Yadav @ Hari Yadav Son of Prakash Yadav Resident of Village-
Chhoti Bhudlay, P.S.- Maheshkhut, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Seema Kumari, Advocate
For the State : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Gogri
P.S. Case No. 163 of 2025 registered for the offence punishable
under Sections 103(1) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the son of the
informant was called by the accused persons for returning
money and thereafter, the dead body of the informant’s son was
recovered.
4. None is named in the FIR. During investigation
also no material has come to connect the petitioner with the
crime. The petitioner has been made accused only on the basis
of suspicion.
5. The petitioner is in custody since 28.07.2025.
Patna High Court CR. MISC. No.82592 of 2025(5) dt.25-03-2026
2/2
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Khagaria/ concerned Court in
connection with Gogri P.S. Case No. 163 of 2025, subject to the
condition that the petitioner will co-operate in the trial.
(Sandeep Kumar, J)
P. Kumar
U T
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