Patna High Court
Bhupendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
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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