Partly allowed¶32

Yashraj v. The State of Bihar

Patna HC18 Jun 2025CR. MISC./14408/2025

Case brief

AI extract

What is this about?

Regular bail; BNS S.103, S.305, S.61(2), S.3(5); Budha Colony P.S. Case No. 368 of 2024; killing of informant's son under conspiracy; loot of jewellery; confessional statement; recovery of stolen jewellery; criminal antecedents; custody since 21.08.2024; bail bond Rs.20,000 with two sureties; conditional bail with personal appearance; bail granted to Balram Prasad @ Balram Gupta; bail refused to Yashraj; Patna High Court CRIMINAL MISCELLANEOUS No.14322 of 2025 and No.14408 of 2025; Chandra Prakash Singh, J.

What did the court decide?

Regular bail granted to Balram Prasad @ Balram Gupta on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to the condition of remaining physically present before the learned Court below on each and every date; bail application of Yashraj rejected. ¶32

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

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether petitioner Balram Prasad @ Balram Gupta should be enlarged on regular bail in connection with Budha Colony P.S. Case No. 368 of 2024. +1 more

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Court's answer

Petitioner Balram Prasad @ Balram Gupta is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Patna, in connection with Budha Colony P.S. Case No. 368 of 2024; his application stands allowed.

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Ratio / Principle

Bail to Balram Prasad @ Balram Gupta is conditional: he is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bond is liable to be cancelled.

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Key takeaways

Bail is refused to petitioner Yashraj, considering the facts and circumstances of the case and the heinous nature of the allegation against him (which, per the State's submission, included his confessional statement and recovery of stolen jewellery from his room at his instance).ratio¶33
The application regarding petitioner Yashraj stands rejected.ratio¶34

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), 18-06-2025 — Regular bail applications in Budha Colony P.S. Case No. 368 of 2024 dated 10.08.2024, registered u/ss 103, 305, 61(2) r/w S.3(5) BNS, arising from the alleged killing of the informant's son under conspiracy and looting of jewellery from his house. Balram Prasad @ Balram Gupta (no criminal antecedent, not named in FIR, named only in a confessional statement, nothing recovered from his possession, in custody since 21.08.2024) enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, conditioned on personal appearance before the court below on every date, default on two consecutive dates without reasonable cause entailing cancellation of the bail bond. Bail refused to co-petitioner Yashraj (two criminal antecedents) in view of the heinous nature of the allegation, his confessional statement recorded at para 50 of the case diary, and recovery of the stolen jewellery from his room at his instance; his application stands rejected.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14322 of 2025

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Arising Out of PS. Case No.-368 Year-2024 Thana- BUDDHACOLONY District- Patna

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

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Balram Prasad @ Balram Gupta S/o- Late Raghunath Prasad R/o- Court Bazar W.No-9, Ps- Sitamarhi Dist- Sitamarhi

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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

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with CRIMINAL MISCELLANEOUS No. 14408 of 2025

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Arising Out of PS. Case No.-368 Year-2024 Thana- BUDDHACOLONY District- Patna

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====================================================== Yashraj S/o- Late Pavan Kumar @ Pawan Singh R/o Mohalla- Kot Bazar P.STown District- Sitamarhi

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 14322 of 2025) For the Petitioner/s : Mr.Madhubala Verma For the Opposite Party/s : Mr.Raj Ballabh Singh (In CRIMINAL MISCELLANEOUS No. 14408 of 2025) For the Petitioner/s : Mr.Amit Kumar Jha For the Opposite Party/s : Mr.Syed Mojibur Rahman

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 18-06-2025 Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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The petitioners have preferred this application for grant of regular bail in connection with Budha Colony P.S. Case No. 368 of 2024 dated 10.08.2024 registered for the offences punishable u/ss 103, 305, 61(2) read with section 3 (5) of the BNS.

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As per the prosecution case, the co-accused persons along with the other unknown miscreants are alleged to have

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Patna High Court CR. MISC. No.14322 of 2025(3) dt.18-06-2025 2/3

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killed the informant’s son under conspiracy and looted the jewellery and other articles from his house and fled away.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR. The name of the petitioners has sprung up in the confessional statement of the accused Yash Raj Gupta. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that there is nothing except confessional statement. The petitioner, namely, Balram Prasad has no criminal antecedent and the petitioner, namely, Yashraj, has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 21.08.2024.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that as per para 50 of the case diary, the petitioner, Yashraj, himself confessed his involvement in the crime alleged and at his instance, the said stolen jewellery was recovered from his room.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, namely, Balram Prasad @ Balram Gupta, above-named, is directed to be enlarged on bail on furnishing bail-bond of

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Patna High Court CR. MISC. No.14322 of 2025(3) dt.18-06-2025 3/3

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Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Budha Colony P.S. Case No. 368 of 2024, with the condition/s:-

¶31

(i). The petitioner namely, Balram Prasad @ Balram Gupta, is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

¶32

The application for the petitioner, namely, Balram Prasad @ Balram Gupta stands allowed.

¶33

So far as, the petitioner, namely, Yashraj, is concerned, considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner , I am not inclined to enlarge the petitioner on bail.

¶34

Accordingly, the application regarding petitioner namely, Yashraj stands rejected.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Yashraj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yashraj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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