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Patna High Court

Bhupendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Bhupendra Yadav, applied for bail in a case involving alleged participation in the murder of Mahesh Kumar, for which co‑accused Ganesh Kumar and his wife were charged under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR does not name the petitioner; the prosecution alleges he merely assisted the co‑accused. The petitioner asserted a clean antecedent and had been in custody since 18‑08‑2025. The State opposed bail, citing the seriousness of the offences. The court, after considering the nature of the accusation, the petitioner’s clean record and the period of detention, granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner, who is not named in the FIR but is alleged to have assisted the co‑accused, is entitled to bail?
  • Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act warrants denial of bail?

Legislation cited

Subjects

  • bail
  • murder
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • clean antecedent
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90710 of 2025
                      Arising Out of PS. Case No.-328 Year-2025 Thana- RAGHOPUR District- Supaul
                 ======================================================
                 Bhupendra Yadav S/o Late Agan Lal Yadav Resident of Village- Sukhasan,
                 PS- Kishanpur, Distt.- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Patla Kumari, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 103(1), 61(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that co-

                   accused Ganesh Kumar and his wife, namely Priti Devi, got

                   killed cousin brother of informant, namely Mahesh Kumar. The

                   reason behind the crime is that some days ago, father of

                   informant executed a sale deed of two katha agricultural land in

                   favour of co-accused Ganesh Kumar and due to land dispute,

                   relation between both the brothers was strained and due to this

                   reason, co-accused Ganesh Kumar and his wife Priti Devi

                   caused bullet injury to Mahesh Kumar due to which he died.
            Patna High Court CR. MISC. No.90710 of 2025(2) dt.12-02-2026
                                                        2/2




                                   4. It is submitted by learned counsel for the petitioner

                      petitioner is not named in the F.I.R. During course of

                      investigation, only material that has come against petitioner is

                      that he assisted co-accused Ganesh Kumar in eliminating the

                      deceased. There is no allegation that this petitioner participated

                      in the alleged occurrence. Petitioner claims clean antecedent and

                      is in custody since 18.08.2025.

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

                      opposed the prayer for grant of bail to the petitioner.

                                   6. Considering the facts and circumstances of the

                      case, nature of accusation, clean antecedents of the petitioner

                      and period of custody, the prayer for regular bail of the

                      petitioner is allowed.

                                   7. Accordingly, let the above named petitioner be

                      released 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 Additional Chief Judicial Magistrate,

                      Birpur, Supaul in connection with Raghopur P.S. Case No. 328

                      of 2025.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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