Patna High Court
Fattu @ Triveni Yadav @ Triveni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Fattu @ Triveni Yadav, sought anticipatory bail after the police registered a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for the alleged murder of the informant's brother. The deceased was found dead and the informant alleged that the petitioner, along with others, committed the murder. The petitioner contended that he was not named in the FIR, that the death was due to electrocution as per the post‑mortem report, and that he merely moved the body, with no eyewitnesses linking him to the crime. He also highlighted his clean antecedent. The State and the informant opposed bail, but the court, after considering the nature of the accusation, the material evidence and the petitioner’s clean record, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing the stipulated bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- murder
- electrocution
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90434 of 2025
Arising Out of PS. Case No.-426 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Fattu @ Triveni Yadav @ Triveni Kumar Son of Vijay Yadav @ Vijay Prasad
Resident of Village - Pachaura, P.S.- Harnaut, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No. I. Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P.
For the Informant : Mr. Binit Kumar, Ms. Divya Kiran, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1), 3(5) of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 11.09.2025
brother of the informant went to his field for work but did not
return till the evening. Upon search, his dead body was
recovered. Informant suspects that this petitioner along with
others committed murder of the brother of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during
investigation. As a matter of fact, the deceased died due to
electrocution and the only material that has come against
Patna High Court CR. MISC. No.90434 of 2025(3) dt.24-03-2026
2/2
petitioner is that he removed the dead body and put it on the
fence. As per post-mortem report also, cause of death is
electrocution. None of the witnesses have claimed to have seen
this petitioner committing the offence. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering backdrop of the case, nature of
accusation, materials available on record and clean antecedent,
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, 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 learned Chief Judicial Magistrate,
Nalanda at Bihar Sharif in connection with Harnaut P. S. Case
No. 426 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…