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Patna High Court

Fattu @ Triveni Yadav @ Triveni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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