Patna High Court
Gorakh Singh Yadav @ Gorakh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
The petitioner, Gorakh Singh Yadav, was arrested in connection with a murder case (Bagen Gola P.S. Case No. 25 of 2025) under Sections 103(1), 238, 61(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 11 March 2025 the petitioner, along with two others, abducted the husband of an informant and his beheaded body was later discovered. The petitioner contended that he is innocent, there is no eye‑witness, the evidence is purely circumstantial, and he has a clean antecedent; he also pointed out that the co‑accused had already been granted bail in similar circumstances. The State opposed the bail application. After considering the facts, the court directed that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the murder charge and the circumstantial evidence presented.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 61(1)
Subjects
- bail
- murder
- circumstantial evidence
- clean antecedent
- co‑accused bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83156 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- BAGENGOLA District- Buxar
======================================================
Gorakh Singh Yadav @ Gorakh Yadav Son of Jag Mohan Yadav Resident of
Village- Dewradh Lakhrajhe Tola, P.S.- Tiyar, Distt.- Bhojpur at (Ara)
(Bihar). ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Nath Ojha, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Bagen Gola P.S. Case No. 25 of 2025 instituted for the offences
under Sections 103(1), 238, 61(1), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case is that on 11.03.2025 evening,
three FIR named accused persons, including this petitioner, took
the husband of the informant to their village, and the next
morning his beheaded body was found in a field.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Informant
is not an eye witness of the alleged occurrence. It is a case of
circumstantial evidence of last seen with the deceased. During
Patna High Court CR. MISC. No.83156 of 2025(3) dt.13-02-2026
2/2
investigation, no one has claimed to have seen this petitioner
committing the alleged offence. Petitioner claims clean
antecedent and is in custody since 21.03.2025. It has also been
submitted that the co-accused namely Vijay Yadav and Arun
Kumar Yadav have been granted bail by different benches of
this court vide orders dated 14-10-2025 & 07-11-2025 passed in
Cr. Misc. No. 50764 of 2025 & 60281 of 2025 and the case of
the petitioner stands on similar footing to that of co-accused
persons already granted bail. The petitioner is in custody since
09-10-2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the facts and circumstances and the
nature of accusation, the petitioner, above named, is directed to
be enlarged 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 Chief Judicial Magistrate/successor
court, Buxar in connection with Bagen Gola P.S. Case No. 25 of
2025.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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