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2025 Supreme(Online)(Pat) 3727
PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
Birbal Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.85512 of 2025 | PS. Case No.-37 Year-2025
Important Points
Subject
Criminal Law - Bail
Act Referred
Headnote
For the Appellants/Petitioners: Mr. Amrendra Kumar
For the Respondents: Mr. Rabindra Kumar
| Table of Content |
|---|
| 1. arguments regarding innocence and motive (Para 4 , 5) |
| 2. court's decision to grant bail (Para 6 , 7) |
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 09-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 61(2), 103(1), 238 and 3(5)
of the B.N.S. .
3. As per prosecution case, on 28.03.2025 at about
12:45 PM in the afternoon, when the informant along with his wife were grazing their cattle in the field, in the meantime, he received information that his minor daughter, namely Nanki Devi, aged about 16 years, was murdered by all the F.I.R. named accused persons, including these petitioners. Upon receiving the information, the informant immediately rushed to his house where he found the dead body of his daughter lying on the ground and all the F.I.R. named accused persons, including these petitioners, were present there.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that informant is not an eye witness to the occurrence and he has not disclosed as to how he came to know that these petitioners have committed the alleged offence. As a matter of fact, Petitioner No. 1 is brother and Petitioner No. 2 is Bhabhi (sister-in-law) of the informant and both of them reside in the same ancestral house and due to on going property dispute between the parties, petitioners have falsely been implicated in this case. The deceased committed suicide. Moreover, charge-sheet has already been submitted and Petitioner No. 1 is in custody since 03.04.2025 and Petitioner No. 2 is in custody since 02.04.2025 Petitioners have got no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the case, nature of accusation, relationship between the parties, period of custody and clean antecedents of the petitioners, the prayer for grant bail of to the petitioners is allowed.
7. Accordingly, let the above named petitioners be released 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 learned C.J.M., Jamui in connection with Mohanpur P.S. Case No. 37 of 2025.
(Prabhat Kumar Singh, J)
