Patna High Court
Mahendra Yadav @ Buchaye @ Buchchay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
When eyewitnesses turn hostile and no material connects the accused to the alleged crime, regular bail may be granted even for serious IPC offences.
Summary
Mahendra Yadav was charged under Sections 364, 120B, 302, 201 and 34 of the Indian Penal Code for a murder case (PS Case No. 305 of 2023). The petitioner sought regular bail, arguing that the eye‑witnesses had turned hostile and there was no material linking him to the crime. The State opposed the bail on the ground of the seriousness of the offences. The Court noted the hostile witnesses and the lack of evidential material against the petitioner and consequently allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, kidnapping, conspiracy and related offences under the IPC.
- Whether the turning hostile of eyewitnesses and absence of material evidence justify granting bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 364
Subjects
- bail
- hostile witnesses
- Indian Penal Code
- murder
- criminal conspiracy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91461 of 2025
Arising Out of PS. Case No.-305 Year-2023 Thana- TRIVENIGANJ District- Supaul
======================================================
Mahendra Yadav @ Buchaye @ Buchchay Yadav S/O Late Saryuj @ Saryug
Yadav R/O Vill.- Barah - Kurwa /Pratapur,Sikiyahi,P.S- Triveniganj,Dist-
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Triveniganj P.S. Case No. 305
of 2023, registered for the offences punishable under Sections
364, 120B, 302, 201, and 34 of the Indian Penal Code.
3. As per the prosecution case, the accused persons
including the petitioner were suspected of killing the deceased,
and after investigation, charge-sheet was submitted against
them.
4. Learned counsel for the petitioner submits that
during trial, the eye-witnesses have turned hostile and there is
no material to connect the petitioner with the alleged crime. It is
further submitted that the petitioner is in custody since
Patna High Court CR. MISC. No.91461 of 2025(2) dt.12-02-2026
2/2
31.08.2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the fact that the witnesses have turned
hostile, this application for regular bail is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-V, Supaul/ concerned
Court below in connection with Triveniganj P.S. Case No. 305
of 2023 corresponding to S.T. No. 14 of 2024.
(Sandeep Kumar, J)
Vikas/-
U
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