Patna High Court
Chandrakant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
Chandrakant Yadav was arrested in connection with a murder case (sections 103(1), 238 and 61(2) of the B.N.S.) after a dead body was found near a railway track and alleged to have been killed to resemble a train accident. The prosecution alleged that Yadav, along with Kaju Kumar and others, conspired to murder Aarti Kumari, while the petitioner claimed innocence, stating that the only incriminating material was a confessional statement and that the FIR contained vague, omnibus allegations. Yadav had been in judicial custody since 26 October 2025 and sought regular bail. The State opposed the bail, emphasizing the seriousness of the charges. After hearing both sides, the court found that the circumstances did not warrant continued detention and ordered the release of Yadav on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under sections 103(1), 238 and 61(2) of the B.N.S.
- Whether the confessional statement and the alleged lack of substantive evidence justify denial of bail
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5), 61(2)
Subjects
- regular bail
- murder
- confessional statement
- B.N.S.
- sections 103, 238, 61
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8566 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Chandrakant Yadav Son of Late Raju Yadav Resident of village Dhabal
Bigha, P.S.- Hulasganj, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1), 238
and 61(2) of B.N.S.
3. The case of the prosecution is that one U.D. Case
No. 02 of 2025 dated 10.03.2025 was registered on the basis of
written statement of Chaukidar Tapeshwar Paswan who in the
morning of 10.03.2025 at about 7:30 AM saw a dead body of a
lady near Railway Track in between village- Harnitand and
Siripur. After 72 hours, photography was done and the dead
body was disposed of. During enquiry, the SHO of Bishunganj
Police informed that in Barabar (Paraytak) P.S. Case No. 27 of
2025 under Section 103(1), 238 and 3(5) of B.N.S. was filed
Patna High Court CR. MISC. No.8566 of 2026(2) dt.06-02-2026
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and one Manoj Devi identified the photograph of the unknown
lady as her daughter, namely, Aarti Kumari who is said to be
died in railway accident. It is further alleged that she fled away
with one Kaju Kumar. Thereafter, the family members of Kaju
Kumar informed the family of Aarti Kumari and her family
members brought her and committed her murder giving it the
colour of train accident.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that real fact is that the
Nanihaal of Kaju Kumar was at Babalbigha who used to come
there. Thereafter, Kaju Kumar and Aarti Kumari had affair with
each other and in the meanwhile, Kaju Kumar behind back with
his family members. Petitioner took away Aarti Kumari to his
Village- Pater. After hectic search, when the family members of
Aarti Kumari failed to search her then father of Aarti Kumari
approached to Hulasganj Police regarding kidnapping of his
daughter against Kaju Kumar and his family members but
police did not lodge the case. Learned counsel further submitted
that from perusal of the FIR, it is clear that there is general and
omnibus allegation against the petitioner and family members of
Aarti Kumari that they have killed her giving it a colour of train
Patna High Court CR. MISC. No.8566 of 2026(2) dt.06-02-2026
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accident. During course of investigation, he has given his
confessional statement and save and except his confessional
statement, there is nothing against him. A statement has been
made in para-3 of this petition that the petitioner has got one
criminal antecedent. Moreover, he is languishing in judicial
custody since 26.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Makhdumpur P.S. Case No. 306 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Jehanabad.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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