The court may grant provisional bail considering familial duties against the backdrop of potential threats to informants.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4 19-12-2025 Re. I.A. No. 1 of 2025 This is an application seeking provisional bail to the appellant No.1 (Arvind Yadav) to enable him to perform the rituals of the Shradh ceremony of his father.

2. The appellant No.1 has been convicted vide judgment dated 28.08.2024 and sentenced vide order dated 20.09.2024 in connection with Sessions Trial No.268 of 2019 (CIS No. 254 of 2019), arising out of Muffasil P.S. Case No.691 of 2018 by the learned District and Sessions Judge, Begusarai for the offence under Sections 302 , 354, 341, 448 and 323 of the Indian Penal Code (in short ‘IPC’). He has been ordered to undergo imprisonment for life with a fine of Rs. 25,000/- under Section 302 of the IPC and in default of payment of fine, he shall further undergo simple imprisonment for four months. For the sake of brevity the sentences awarded under other Sections are not mentioned.

3. It is stated that the appellant is the eldest son, his father died on 12.12.2025. The Shradh ceremony shall began from 22nd of December, 2025. He is seeking provisional bail for a period of two weeks w.e.f. 22.12.2025. However, in course of hearing of the application learned counsel for the appellant submits that at least one week of provisional bail would serve the purpose.

4. Learned counsel for the informant as well as learned APP are present.

5. This Court has been informed by the learned APP for the State on the basis of instruction received from the office of the Superintendent of Police, Begusarai that the fact that the father of the appellant died on 12.12.2025 is correct. It has been verified and found that the Shradh ceremony is going to be held from 22.12.2025.

6. Learned counsel for the informant, however, submits that the appellant be sent to perform the Shradh ceremony of his father only in police custody so that he does not approach the informant or threaten her in any way.

7. Having regard to the submission noted hereinabove, we direct the respondents State and the jail Superintendent, Bhagalpur to release the appellant No.1 (Arvind Yadav) on provisional bail for a period of one week from 22.12.2025 on furnishing his bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Begusarai in connection with Sessions Trial No.268 of 2019 (CIS No. 254 of 2019), arising out of Muffasil P.S. Case No.691 of 2018.

8. The appellant shall be allowed to go to his native place to perform the Shradh ceremony of his father in police custody and the local police station, i.e., P.S. Muffasil Begusarai in the district of Begusarai shall keep vigil over the conduct of the appellant during his period of provisional bail for a period of one week from 22.12.2025.

9. The appellant shall surrender in the Court below on

30th of December, 2025 in the Trial Court/In-Charge Court and file the surrender certificate.

10. The order be communicated to the Court below through FAX/E-mail at the cost of the appellant.

11. I.A. No. 1 of 2025 stands disposed off.