Patna High Court

BIPIN YADAVversusTHE STATE OF BIHAR

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted regular bail to the petitioners.

Summary

Petitioners Bipin Yadav and his son Sourav Kumar were arrested in connection with a murder alleged to have been committed as part of a conspiracy over a land dispute, under Sections 103(1) and 3(5) of the BNS. The prosecution claimed the petitioners threatened the informant’s family and were involved in the killing of the informant’s son on 13‑03‑2025. The petitioners contended that the informant was not an eye‑witness, that only suspicion linked them to the crime, and highlighted their clean antecedents and the length of their custody since 15‑03‑2025. The State opposed bail, but the Court, after considering the facts, the period of custody, and the petitioners’ clean record, ordered that regular bail be granted on a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

Whether regular bail should be granted to the accused in a case of alleged conspiracy murder under Sections 103(1) and 3(5) of the BNS.

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

regular bail
conspiracy murder
clean antecedent
land dispute
BNS
Sections 103(1)
Section 3(5)
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87043 of 2025
                  Arising Out of PS. Case No.-75 Year-2025 Thana- KUMAR KHAND District- Madhepura
               ======================================================
           1 . BIPIN YADAV S/O LATE BHUPI YADAV @ LATE BHUMI YADAV R/O
                VILL.- RANIPATTI, WARD NO 14, P.S.- BELARI, DISTRICT-
                MADHEPURA
           2.    SOURAV KUMAR S/O BIPIN YADAV R/O VILL.- RANIPATTI, WARD
                 NO 14, P.S.- BELARI, DISTRICT- MADHEPURA

                                                                                ... ... Petitioner/s
                                                      Versus

                 THE STATE OF BIHAR



                                                                          ... ... Opposite Party/s

                 ======================================================

                 Appearance :

                 For the Petitioner/s     :      Mr. Nafisuzzoha, Advocate

                 For the Opposite Party/s :      Mr. Anish Chandra, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                            Heard learned counsel for the petitioners and

                   learned A.P.P. for the State .

                                 2. Petitioners seek regular bail in case registered for

                   offence under Sections 103 (1) and 3 (5) of BNS.

                                 3 . The case of the prosecution , in brief, is that son of

                   the informant who was staying separately with his wife Kajal

                   devi (co-accused) and their children was being threatened by the

                   accused persons and others for sell of piece of land. It is alleged

                   that on 13.03.2025 , the son of the informant was killed by some
Patna High Court CR. MISC. No.87043 of 2025(2) dt.27-01-2026
                                            2/3




          unknown miscreants and informant suspects that all the accused

          persons including these petitioners under a conspiracy killed his

          son .

                       4. Learned counsel for the petitioners submitted that

          informant is not an eye witness to the alleged occurrence . Only

          suspicion has been raised against this petitioner. Petitioner No. 1

          is father and petitioner No. 2 is brother of co-accused Kajal devi

          who is the daughter-in -law of informant. Petitioners have got

          no concern with the alleged occurrence as well as the property

          of the deceased. F.I.R. does not disclose the source of

          information as to how informant came to know about

          involvement of these petitioners in the alleged occurrence .

          Petitioners claim clean antecedent and they are in custody

          15.03.2025 .

                       5 . Learned A.P.P. for the State vehemently opposed

          the bail petition.

                       6. Considering the aforesaid facts, period of custody ,

          clean antecedent of these petitioners and circumstances of the

          case , let the above named petitioners be released on bail on

          furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of

          learned District and Addl. Sessions Judge – IX Madhepura in
            Patna High Court CR. MISC. No.87043 of 2025(2) dt.27-01-2026
                                                        3/3




                      connection with Kumarkhand PS Case No. 75 of 2025 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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