Patna High Court
Bhola Kumar @ Bhola YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Bhola Kumar, was arrested in connection with a murder case (Ariyari P.S. Case No. 225 of 2023) alleged under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that Kumar, along with co‑accused, brutally assaulted and killed the husband of an informant. Kumar’s counsel argued that he was not present at the scene, no incriminating material was found in his possession, and the allegations were vague; he also pointed to his three prior antecedents for which he was on bail. The State opposed the bail application, emphasizing the seriousness of the charges. Considering the lack of direct evidence, the petitioner’s custody period, and the fact that co‑accused had already been granted bail, the Court decided to grant bail on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused person in a murder case under Sections 302 and 34 IPC when no direct incriminating material is found.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86799 of 2025
Arising Out of PS. Case No.-225 Year-2023 Thana- ARIYARI District- Sheikhpura
======================================================
Bhola Kumar @ Bhola Yadav S/O Late Jagdish Yadav R/O village - Karihon,
P.S- Sheikhpura, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ariyari
P.S. Case No. 225 of 2023, instituted for the offences punishable
under Sections 302/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons have committed murder of
informant’s husband by assaulting him brutally.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the allegation levelled against
the petitioner is not specific rather the same is general and
omnibus in nature. The petitioner was not present at the place of
Patna High Court CR. MISC. No.86799 of 2025(2) dt.13-01-2026
2/2
occurrence. The petitioner is in custody since 11.09.2025 and
has got three criminal antecedents in which he is on bail.
Learned counsel for the petitioner further submits that other co-
accused have been granted regular bail by this Court vide order
dated 19.08.2025 passed in Cr. Misc. No. 36850 of 2025 and
vide order dated 10.10.2025 passed in Criminal Miscellaneous
No. 69004 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ariyari P.S. Case No.
225 of 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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