Patna High Court
Jitendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court refused to grant bail to the petitioner.
Summary
Jitendra Yadav applied for regular bail in a murder case (Nawanagar PS Case No. 83 of 2025) under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that Yadav, together with his brother, strangulated the sister of the informant, a claim supported by the post‑mortem report indicating asphyxia. Yadav contended that he was falsely implicated because he is the husband of the deceased and highlighted the delayed filing of the FIR after the post‑mortem and cremation. The court noted the seriousness of the allegations, the corroborative post‑mortem findings, and the lack of any justification for the FIR delay, and therefore refused to grant bail. The trial court was directed to expedite the trial.
Issues considered
- Whether regular bail should be granted to the accused under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged murder and the delay in filing the FIR.
- Whether the accused can be considered falsely implicated solely on the basis of his marital relationship with the deceased.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- murder
- strangulation
- delay in FIR
- false implication
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88162 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- NAWANAGAR District- Buxar
======================================================
Jitendra Yadav Son of Late Jatuli Yadav R/O Vill.- Mahanta, P.S.- Nawanagar,
Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nawanagar P.S. Case
no.83 of 2025 registered under sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner herein who happens to be the husband of his
sister along with his brother strangulated his sister to death.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the
reason that he happens to be the husband of the deceased. There
is no explanation for the delay in lodging of the FIR. It was
much after the post-mortem examination and cremation of the
body that the FIR was registered. The marriage was solemnised
Patna High Court CR. MISC. No.88162 of 2025(4) dt.24-02-2026
2/2
in the year 2014 and there are two minor children born out of
the said wedlock. The petitioner is in custody since 2.10.2025
and has no criminal antecedent. Chargesheet has been submitted
in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR wherein the petitioner who happens to be the husband
of the deceased is said to have strangulated the sister of the
informant to death together with the allegation having been
supported in the post-mortem examination report wherein the
cause of death is said to be asphyxia due to strangulation, the
Court is not inclined to enlarge the petitioner on bail and
application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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