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2026 Supreme(Online)(Pat) 3693

PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
BIPIN YADAV – Appellant
Versus
THE STATE OF BIHAR – Respondent
CRIMINAL MISCELLANEOUS No.87043 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Nafisuzzoha
For the Respondents: Mr. Anish Chandra, APP

The court established that in the absence of direct evidence and credible witness testimony, bail may be granted considering the clean antecedents of the petitioners.

Headnote:This judgment pertains to a bail application concerning the petitioners who are accused of conspiracy leading to murder. The prosecution claims a familiar association between the accused and the deceased, yet lacks concrete evidence as none of the petitioners are eye witnesses. The court assesses the nature of accusations, the clean antecedents of the petitioners, and the length of their custody, ultimately determining that bail is warranted. The court concludes that the petitioners should be released on bail under specified conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 27-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State .

2. Petitioners seek regular bail in case registered for offence under Sections 103 (1) and 3 (5) of BNS .

3 . The case of the prosecution , in brief, is that son of the informant who was staying separately with his wife Kajal devi (co-accused) and their children was being threatened by the accused persons and others for sell of piece of land. It is alleged that on 13.03.2025 , the son of the informant was killed by some unknown miscreants and informant suspects that all the accused persons including these petitioners under a conspiracy killed his son .

4. Learned counsel for the petitioners submitted that informant is not an eye witness to the alleged occurrence . Only suspicion has been raised against this petitioner. Petitioner No. 1 is father and petitioner No. 2 is brother of co-accused Kajal devi who is the daughter-in -law of informant. Petitioners have got no concern with the alleged occurrence as well as the property of the deceased. F.I.R. does not disclose the source of information as to how informant came to know about involvement of these petitioners in the alleged occurrence . Petitioners claim clean antecedent and they are in custody

15.03.2025 .

5 . Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the aforesaid facts, period of custody , clean antecedent of these petitioners and circumstances of the case , 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 District and Addl. Sessions Judge – IX Madhepura in connection with Kumarkhand PS Case No. 75 of 2025 .

(Prabhat Kumar Singh, J)

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