Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20633 of 2025 Arising Out of PS. Case No.-437 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Shambhu Yadav S/O Baran Yadav Resident of village-Nari Kharjamma, P. S.-Noorsarai, District-Nalanda.

2.

Sangita Devi W/O Shambhu Yadav Resident of village-Nari Kharjamma, P. S.-Noorsarai, District-Nalanda.

3.

Raushan Kumar S/O Shambhu Yadav Resident of village-Nari Kharjamma, P. S.-Noorsarai, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr.Adv.

Mr. Pramod Kumar Sinha For the Opposite Party/s :

Mrs.Pushpa Sinha, APP Mr. Sanjay Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel, who has appeared on behalf of informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 103(1), 123, 61, 3(5) of the B.N.S., 2023.

3. The informant alleges that on 23.09.2024 at about 6:00 P.M. her son, Rahul Kumar, told her that he is going to his sasural (in-laws house). The informant further alleges that a few hours later at about 8:00 P.M. her son, after reaching his in-laws house, called her over phone and told that that these petitioners and other two co-accused have hatched a conspiracy to kill him

Patna High Court CR. MISC. No.20633 of 2025(4) dt.20-08-2025 2/3 and soon thereafter, the informant received an information that all the accused persons named in the F.I.R. including petitioners committed the murder of her son and his dead body is lying at Sadar Hospital, Biharsharif.

4. Learned counsel for the petitioners submits that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is brother-in-law of the deceased and have committed no offence. Informant is not eye-witness to the occurrence and she has raised only suspicion only on the ground that prior to this incident, son of informant called her mother (informant) and expressed apprehension of his killing. As a matter of fact, the son of informant had consumed poison before reaching to his in-laws house. In the post-mortem report, cause of death could not be ascertained and viscera was kept reserved. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.20633 of 2025(4) dt.20-08-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 437 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Prabhat Kumar Singh, J) anay U T