Allowed¶11

Praveen Yadav @ Jhappu Yadav @ Praveen Kumar Yadav @ Jhappu Yadav v. The State of Bihar

Patna HC27 Jul 2026CR. MISC./23777/2026

Case brief

AI extract

What is this about?

Patna High Court (Rajiv Roy, J), CRIMINAL MISCELLANEOUS No.23777 of 2026, order dated 27-07-2026 — anticipatory bail allowed in Buxar Rail P.S. Case No. 103 of 2025 under sections 61(2), 103(1) and 3(5) of the BNS; grounds: no criminal antecedents, petitioner not among accused who took away the deceased, investigation ongoing with undertaking to cooperate; bail bond Rs. 10,000 with two sureties; conditions on attendance, police-station cooperation and non-tampering.

What did the court decide?

Anticipatory bail: release on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the learned Railway ACJM, Ara, Bhojpur, subject to conditions. ¶11

Praveen Yadav @ Jhappu Yadav @ Praveen Kumar… — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Buxar Rail P.S. Case No. 103 of 2025 for the offence under sections 61(2), 103(1) and 3(5) of the BNS, should be extended the privilege of anticipatory bail. +1 more

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Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of arrest or surrender within four weeks from receipt of the order, on furnishing a bail bond of Rs. 10,000 with two sureties of like amount each, to the satisfaction of the learned Railway ACJM, Ara, Bhojpur, in connection with Buxar Rail P.S. Case No. 103 of 2025, subject to conditions.

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Ratio / Principle

The privilege of anticipatory bail was extended because the facts are on record, the petitioner has no criminal antecedent, he is not among the list of accused who took away the deceased, the investigation is on, and an undertaking has been given that he shall assist in it.

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Key takeaways

Bail is conditioned, inter alia, on the petitioner appearing on each and every date before the Trial Court, with failure to do so for two consecutive dates without plausible reason entailing cancellation of his bail bond by the Trial Court itself.ratio¶31

Detailed headnote1 paragraphs

Anticipatory bail granted — offence under sections 61(2), 103(1) and 3(5) of the BNS, Buxar Rail P.S. Case No. 103 of 2025, FIR dated 16.05.2025 by informant Sarita Kumari Singh — body recovered from railway track; counsel pointed to one-month delay in FIR without stated reason — petitioner not among the list of accused who took away the deceased, no criminal antecedents, investigation on, undertaking to assist — release on bail in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000 with two sureties of like amount each, to the satisfaction of learned Railway ACJM, Ara, Bhojpur — conditions include one bailor being a family member/relative with official ID document, appearance on each and every date before the Trial Court (failure for two consecutive dates without plausible reason entails cancellation by the Trial Court), appearance before the Police Station as and when required, no inducement/promise/threat to witnesses or tampering with evidence, and desistance from further offences.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23777 of 2026

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Arising Out of PS. Case No.-103 Year-2025 Thana- BUXAR RAIL P.S. District- Bhojpur

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

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Praveen Yadav @ Jhappu Yadav @ Praveen Kumar Yadav @ Jhappu Yadav Son of Bansh Narayan Singh @ Bansh Narayan Yadav R/o Village - Madaipur, P.S.- Itarhi, District - Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Dimpal Kumari, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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5 27-07-2026 Heard Mrs. Dimpal Kumari, learned counsel for the

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petitioner and Mr. Akshay Lal Pandit, learned APP.

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The petitioner is apprehending his arrest in connection with Buxar Rail P.S. Case No. 103 of 2025 for the offence under sections 61(2), 103(1) and 3(5) of the BNS lodged on 16.05.2025 by the informant, Sarita Kumari Singh.

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As per the prosecution story, the informant alleged that Devendra Yadav, Arbind Yadav, Jhapu Yadav and Birbal Yadav took her husband to drive the vehicle, and thereafter, he went alongwith Devendra Yadav on the motorcycle. Later, in the evening, she wanted to talk to her husband but Devendra Yadav informed that he will make conversation in the morning.

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On 15.04.2025, she got the information about his

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Patna High Court CR. MISC. No.23777 of 2026(5) dt.27-07-2026 2/4

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killing and the body was kept in the postmortem house. The body was recovered from the railway track. This led to the FIR on 16.05.2025.

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Learned counsel for the petitioner submits that admittedly, the dead body was recovered on 15.04.2025 but the FIR has been lodged, a month later, on 16.05.2025 and no reason whatsoever has been given for such delay.

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In this case, the case diary and the postmortem report was called for and learned counsel for the petitioner has drawn attention of this Court to paragraph-175 which records the statement of Devendra Yadav, the accused who took away the deceased. According to him, the deceased took Rs. 500/- to purchase liquor and later, consumed it. Later in the morning, they moved on a motorcycle at around 5 o’clock and he reached his in-laws house.

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Again, liquor was purchased and consumed by both of them. Around 7 o’clock, he was dropped at his in-laws house where he stayed and in the evening, was having conversation with his wife and they were both making allegation against each other. He also informed his father-in-law to ask his daughter to pick up the phone or else, he will kill himself. Later, the accused wanted to talk to him, in the morning, but his phone was

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Patna High Court CR. MISC. No.23777 of 2026(5) dt.27-07-2026 3/4

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switched of. His wife also scolded Devendra as to why her husband was allowed to consume liquor and in case anything happens to him, they will be implicated.

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The submission is that the presence of the deceased at the house of his in-laws has not been denied.

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Learned APP opposes the prayer submitting that the accused persons conspired and led to the killing.

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The facts are on record, the petitioner do not have any criminal antecedent, he is not among the list of accused who took away the deceased, investigation is on and an undertaking has been given that he shall be assisting in it, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the satisfaction of learned Railway ACJM, Ara, Bhojpur in connection with Buxar Rail P.S. Case No. 103 of 2025 subject to the following conditions:

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(i) one of the bailors should be the family member/relative of the petitioner who shall provide official

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Patna High Court CR. MISC. No.23777 of 2026(5) dt.27-07-2026 4/4

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document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Adnan/-

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U T

Praveen Yadav @ Jhappu Yadav @ Praveen Kumar Yadav @ Jhappu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Praveen Yadav @ Jhappu Yadav @ Praveen Kumar Yadav @ Jhappu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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