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

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

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender within six 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 Additional Chief Judicial Magistrate-IX, Motihari, East Champaran/Successor Court in connection with Paharpur P.S. Case No.688 of 2025, subject to Section 482(2) BNSS conditions and four additional conditions (bona fide family/relative/known bailor; attendance on every Trial Court date with cancellation for two consecutive unjustified absences; no inducement/threat to witnesses or tampering with evidence; no fresh offences).

Issue for consideration

Whether the petitioner, who apprehends arrest in Paharpur P.S. Case No.688 of 2025 (offences under Sections 103(1) and 3(5), Bharatiya Nyaya Sanhita), should be released on anticipatory (pre-arrest) bail.

Court's answer

Considering the facts and circumstances of the case, and taking into account that the allegations against the petitioner are not specific, the Court found the petitioner fit to be enlarged on pre-arrest bail notwithstanding the State's opposition.

Ratio / Principle

The petitioner was directed to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Motihari, East Champaran/Successor Court, in connection with Paharpur P.S. Case No.688 of 2025.

Key takeaways

The release was made subject to the conditions laid down under Section 482(2) of the BNSS and four additional conditions: (i) one bailor to be a family member/relative/known person furnishing official document/personal affidavit of bona fide; (ii) appearance on each and every Trial Court date, absence on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) no inducement, promise or threat to witnesses nor tampering with evidence, failing which the State may move for cancellation; (iv) desistance from committing any criminal offence again, failing which the State may seek cancellation.ratio¶18

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — ALLOWED (Patna High Court, order dt. 08-07-2026, Ajit Kumar, J). Applicant Bharat Yadav, apprehending arrest in Paharpur P.S. Case No.688 of 2025 (dt. 19.12.2025), Thana Paharpur, District East Champaran, registered for offences under Sections 103(1) and 3(5), Bharatiya Nyaya Sanhita, relating to the fatal assault of the informant's husband by means of lathi and iron rod allegedly by the petitioner with other co-accused, sought pre-arrest bail; the learned APP opposed. Holding that the allegations against the petitioner were not specific, the Court directed his release on bail in the event of arrest or surrender within six 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 Additional Chief Judicial Magistrate-IX, Motihari, East Champaran/Successor Court, subject to the conditions under Section 482(2) of the BNSS and four further conditions: (i) one bailor to be a family member/relative/known person with documentary/affidavit proof of bona fide; (ii) appearance on each and every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court; (iii) no inducement, promise or threat to witnesses or tampering with evidence; and (iv) desistance from fresh offences, failing which the State may seek cancellation of the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44633 of 2026

Arising Out of PS. Case No.-688 Year-2025 Thana- PAHARPUR District- East Champaran

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

Bharat Yadav S/O Late Hiraman Yadav R/O Village- Nauwadih, Ward No. 7, P.S.- Paharpur, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Satyendra Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 08-07-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Paharpur P.S. Case No.688 of 2025, dated 19.12.2025, registered for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

As per the FIR, the petitioner along with other co-accused persons brutally assaulted the informant’s husband by means of lathi , iron rod due to which he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. For an existing land dispute, the incident in question is said to have been taken place while there is nothing specific against this petitioner. He further submits that the specific

Patna High Court CR. MISC. No.44633 of 2026(2) dt.08-07-2026 2/3

allegations of assaulting the informant’s husband due to which he died is against co-accused persons. There is only general and omnibus allegation against this petitioner. Lastly, it is submitted that the petitioner has one criminal antecedent, in which he is on bail.

On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and taking into account that the allegations against the petitioner are not specific, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Motihari, East Champaran/Successor Court in connection with Paharpur P.S. Case No.688 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;

Patna High Court CR. MISC. No.44633 of 2026(2) dt.08-07-2026 3/3

(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) 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;

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

(Ajit Kumar, J)

shikha/-

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