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Bholi Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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Patna HC
2025
Bholi Yadav Vs The State of BiharBholi Yadav v. The State of Bihar

Allowed¶19

Bholi Yadav v. The State of Bihar

Patna HC12 Dec 2025CR. APP (SJ)/776/2025

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL APPEAL (SJ) No.776 of 2025, decided 12-12-2025 by Justice Prabhat Kumar Singh (oral order). Appellant Bholi Yadav; State and informant respondents. Anticipatory bail allowed in a murder/SC-ST Act case arising from Pirpainti PS Case No.516 of 2024 (District Bhagalpur): deceased Manoj Kumar allegedly strangled with rope; offences under ss.103(2), 3(5) BNS and SC/ST Act (printed as 3(i)(r)(s)/3(2)(va)). Points noted: informant not an eyewitness; only suspicion against appellant; no motive or mens rea alleged; earlier FIR Pirpainti PS Case No.485 of 2024 by informant's son did not name appellant; no caste-name abuse alleged. Impugned order dated 23.01.2025 rejecting anticipatory bail set aside; bail bond Rs.10,000/- with two like sureties before Special Judge SC/ST, Bhagalpur.

What did the court decide?

Anticipatory bail: appellant to be enlarged on bail upon arrest/surrender within eight weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge SC/ST, Bhagalpur, in Pirpainti PS Case No. 516 of 2024.

Why is it important?

The appeal is allowed and the impugned order dated 23.01.2025 rejecting anticipatory bail is set aside; the appellant, in the event of arrest or surrender within eight weeks, is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST, Bhagalpur, in connection with Pirpainti Police Station Case No. 516 of 2024. ¶19

What the court decided

AI extract

Outcome

Anticipatory bail: appellant to be enlarged on bail upon arrest/surrender within eight weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge SC/ST, Bhagalpur, in Pirpainti PS Case No. 516 of 2024.

Issue for consideration

Whether the order dated 23.01.2025 rejecting the appellant's prayer for anticipatory bail should be set aside. +2 more

Court's answer

The appeal is allowed and the impugned order dated 23.01.2025 rejecting anticipatory bail is set aside; the appellant, in the event of arrest or surrender within eight weeks, is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST, Bhagalpur, in connection with Pirpainti Police Station Case No. 516 of 2024.

Detailed headnote1 paragraphs

Anticipatory bail — Appeal against rejection of anticipatory bail in FIR (Pirpainti PS Case No. 516 of 2024, District Bhagalpur) alleging that named accused, including the appellant, murdered the informant's son Manoj Kumar by strangulation with rope — Offences under ss. 103(2) and 3(5) BNS and the SC/ST Act (printed as 'sections 3 3(i)(r)(s)/ 3(2) (va)') — Appellant's contentions: informant not an eyewitness, only suspicion raised, no motive or mens rea attributed to the appellant, earlier FIR (Pirpainti PS Case No. 485 of 2024) lodged by the informant's son did not name the appellant, and no caste-name abuse alleged — Considering the aforesaid facts, appeal allowed; impugned order dated 23.01.2025 set aside — Appellant, on arrest/surrender within eight weeks, to be enlarged on bail of Rs. 10,000/- with two like sureties to the satisfaction of the learned Special Judge SC/ST, Bhagalpur.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.776 of 2025

Arising Out of PS. Case No.-516 Year-2024 Thana- PIRPAINTI District- Bhagalpur

======================================================

Bholi Yadav S/O Late Banarsi Yadav R/O Vill.- Govindpur Mohanpur, PSPirpainti, Dist.- Bhagalpur

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Ms. Pallavi Pandey, Advocate Mr. Madan Mohan, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP For informant : Mr. Rahul Kumar Singh, Advocate ======================================================

... ... Respondent/s

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 12-12-2025

Heard learned counsel for the parties.

This appeal has been filed for setting aside order

dated 23.01.2025 passed in a case registered for the offence punishable under sections 103 ( 2 ) and 3 (5) of BNS and sections 3 3(i)(r)(s)/ 3(2) (va) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

3 . As per F.I.R. informant suspects that all the named accused persons including this appellant killed the son of informant namely Manoj Kumar by strangulating him with rope .

It is submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.776 of 2025(4) dt.12-12-2025 2/3

informant is not an eye witness to the alleged occurrence . Only suspicion has been raised against this appellant. he prosecution has not alleged any motive or mens rea attributable to the present appellant behind the aforesaid occurrence . Earlier, son of the informant has also lodged Pirpainti PS Case No. 485 of 2024 for the same occurrence against accused persons but has not named this appellant in the aforesaid case . There is no allegation that this appellant abused the informant or his son by caste name and as such, no case under Section SC / ST is made out.

5 . Learned counsel for the respondent No. 2 as well as learned special Public Prosecutor for the State opposed the bail.

Considering the aforesaid facts, this appeal is allowed with respect to this appellants only and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge SC / ST Bhagalpur in connection with Pirpainti Police Station Case

Patna High Court CR. APP (SJ) No.776 of 2025(4) dt.12-12-2025 3/3

No. 516 of 2024 .

(Prabhat Kumar Singh, J)

Koushik/-

U T

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the order dated 23.01.2025 rejecting the appellant's prayer for anticipatory bail should be set aside.¶13
The court held
The appeal is allowed and the impugned order dated 23.01.2025 rejecting anticipatory bail is set aside; the appellant, in the event of arrest or surrender within eight weeks, is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST, Bhagalpur, in connection with Pirpainti Police Station Case No. 516 of 2024.ratio¶19
2.
Whether the case against the appellant rests on mere suspicion, the informant not being an eyewitness and no motive or mens rea being attributed to the appellant.medium confidence¶17
3.
Whether any case under the SC/ST Act is made out against the appellant in the absence of any allegation of abuse by caste name.medium confidence¶17

Statutes considered

4 provisions across 2 enactments

AI extract

BNS103(2)¶13 3(5)¶13
Scheduled Castes and Scheduled Tribes Act3(i)(r)(s)¶13 3(2)(va)¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 23.01.2025 rejecting the appellant's prayer for anticipatory bail in a case under ss. 103(2)/3(5) BNS and the SC/ST Act (as printed)¶13
23.01.2025
Prior proceeding
FIR registered as Pirpainti Police Station Case No. 516 of 2024, Thana PIRPAINTI, District Bhagalpur¶2
Prior proceeding
FIR allegation: the informant suspects that all named accused persons, including this appellant, killed the informant's son Manoj Kumar by strangulation with rope¶14
Prior proceeding
Earlier FIR: the informant's son had lodged Pirpainti PS Case No. 485 of 2024 for the same occurrence against the accused persons without naming this appellant¶17

Parties & counsel

AI extract

appellant
Bholi Yadav S/O Late Banarsi Yadav¶4
Ms. Pallavi Pandey, Mr. Madan Mohan
respondent
The State¶18
Mrs. Usha Kumari 1, Spl. PP
respondent
Informant (unnamed)¶7
Mr. Rahul Kumar Singh

Coram

AI extract

Prabhat Kumar Singhauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 12 Dec 2025 · December
Registered: 19 Feb 2025
Case no.: CR. APP (SJ)/776/2025
CNR: BRHC010169262025
Topic: Murder and Culpable Homicide
Bench: Prabhat Kumar Singh
Disposal: ALLOWED
Case type: CRIMINAL APPEAL (SJ)

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Cite this judgement

Bholi Yadav v. The State of Bihar, CR. APP (SJ)/776/2025 (PAT), decided on 12 December 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

BNS103(2) · 3(5)
Scheduled Castes and Scheduled Tribes Act3(i)(r)(s) · 3(2)(va)

View all statutes

Procedural history4

Order dated 23.01.2025 rejecting the appellant's prayer for anticipatory bail in a case under ss. 103(2)/3(5) BNS and the SC/ST Act (as printed)23.01.2025
FIR registered as Pirpainti Police Station Case No. 516 of 2024, Thana PIRPAINTI, District Bhagalpur
FIR allegation: the informant suspects that all named accused persons, including this appellant, killed the informant's son Manoj Kumar by strangulation with rope

View full history

Bench / Coram

Prabhat Kumar Singh

Parties & counsel