Anil Kumar Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Anil Kumar Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner directed to be released on bail in the event of his arrest or surrender in the court below within four weeks, on bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Buxar Industrial P.S. Case No. 273 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, an accused named in the FIR who apprehends arrest in Buxar Industrial P.S. Case No.273 of 2025 registered under Sections 103(1) and 61(2) of the Bhartiya Nyaya Sanhita, 2023, is entitled to be released on bail in the event of his arrest or surrender (anticipatory bail). +1 more

Court's answer

Taking note that the complaint alleging murder was lodged after two months of the occurrence without supplying any just reasons, and that during the investigation several witnesses supported the occurrence as an accident, the Court held that the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within four weeks, is to be released 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 Chief Judicial Magistrate, Buxar, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Ratio / Principle

The Court took note of the fact that the complaint in issue, qua the occurrence saying it as murder, was lodged after two months without supplying any just reasons — a circumstance weighing in favour of grant of bail.

Key takeaways

The Court took note that during the investigation several witnesses supported the occurrence as an accident — a circumstance weighing in favour of grant of bail.ratio¶¶20

Detailed headnote1 paragraphs

PATNA HIGH COURT (Chandra Shekhar Jha, J.), order dt. 13-07-2026 in CRIMINAL MISCELLANEOUS No.21513 of 2026 — Anticipatory bail ALLOWED. Anil Kumar Yadav, named in Buxar Industrial P.S. Case No.273 of 2025 (Thana Buxar Industrial, District Buxar) registered under Sections 103(1) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 ('B.N.S.'), apprehended arrest. The FIR, based on Complaint Case No.742 of 2025 before C.J.M., Buxar, alleged that the petitioner with co-accused murdered the informant's son by dashing him with a tractor as he refused to work as driver. Counsel submitted the occurrence was of 09.05.2025 while the complaint was filed on 15.07.2025 with no police information of murder meanwhile; that after the injured son died, a false case gave colour of murder to what was purely an accident; that case diary paras 10-11 showed witnesses stating the petitioner was only signalling the driver to reverse the tractor while unloading soil and the driver's negligent operation of the hydraulic trailer caused the fatal injuries; and that the informant's eye-witness claim was false; petitioner claimed clean antecedents. Learned APP opposed. Allowing the prayer, the Court took note that the complaint alleging murder was lodged after two months without supplying any just reasons, coupled with the fact that during investigation several witnesses supported the occurrence as an accident, and that the petitioner was a man of clean antecedent; it directed his release on bail upon arrest or surrender within four weeks on a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.