Patna High Court
Raj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied because the alleged homicide was of a serious nature warranting custody.
Summary
Petitioner Raj Kumar Yadav was arrested in connection with a murder alleged to have occurred when he struck the husband of an informant on the head with an iron rod, causing death. He applied for regular bail under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, claiming a clean antecedent and that he had been in custody since September 12, 2025. The State opposed bail, emphasizing the specific accusation of homicide and the seriousness of the offence. The Court, after hearing counsel, found the nature and gravity of the accusation warranted denial of bail. Consequently, the bail application was rejected, and the trial court was directed to expedite the trial within one year of the order.
Issues considered
- Whether regular bail can be granted to an accused charged with murder under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the seriousness of the alleged offence justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- murder
- assault
- criminal procedure
- gravity of offence
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90694 of 2025
Arising Out of PS. Case No.-337 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Raj Kumar Yadav S/o Late Chedi Lal Prasad @ Chedi Lal Yadav Resident of
Parmanandapur Ward No. 09, P.S.- Murliganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
For the Informant : Mr. Durgesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Murliganj P. S. Case No. 337 of 2025 in a case registered for the
offences punishable under Sections 103(1), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., this petitioner is alleged to have
assaulted on the head of husband of the informant with iron rod
as a result of which, he died on the spot.
4. Learned counsel for the petitioner submits
allegation of assault is general and omnibus. Petitioner claims
clean antecedent and is in custody since 12.09.2025.
5. Learned A.P.P. for the State as well as learned
Patna High Court CR. MISC. No.90694 of 2025(2) dt.12-02-2026
2/2
counsel for the informant vehemently opposed the bail
application and submitted that petitioner is named in the F.I.R.
with specific accusation that he hit on the head of the husband
of informant with iron rod, causing his death.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
12.09.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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