Anil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21513 of 2026 Arising Out of PS. Case No.-273 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Anil Kumar Yadav, Son of Late Rajendra Yadav, Resident of Village - Baruna, P.S. -Buxar Industrial, District - Buxar.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Nath Ojha, Advocate :
Mr. R.K. Singh-2, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Buxar Industrial P.S. Case No.273 of 2025 registered under Sections 103(1) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, which is based upon the Complaint Case No.742 of 2025 filed before C.J.M., Buxar, that the petitioner along with other co-accused persons committed murder of the son of informant by dashing him with tractor as he refused to work as driver.
Patna High Court CR. MISC. No.21513 of 2026(4) dt.13-07-2026 2/3
4. It is submitted by learned counsel appearing for the petitioner that the occurrence is of 09.05.2025, but the complaint was filed on 15.07.2025. It is further submitted that during the said period no police was informed regarding the occurrence saying murder. It is further submitted that after death of the son of informant, who received injuries during the accident, the present false case was lodged giving colour to the occurrence as murder, which was purely an accident. In this context, it is further submitted that after lodging the FIR, the investigation was proceeded where several witnesses during the course of investigation supported the occurrence as accident.
In support of his submissions, learned counsel referred para 10 and 11 of the case diary, where witness categorically stated that at the time of downloading the materials(soil) from the tractor, this petitioner was giving signals to the driver of the tractor to back it properly but due to the negligence of the driver of the tractor as he made hydrolic trailor operational for unloading the materials, the son of the informant received injuries due to which he died after two months.
Patna High Court CR. MISC. No.21513 of 2026(4) dt.13-07-2026 3/3 false. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions, and by taking note of fact as the complaint in issue qua occurrence saying it as murder was lodged after two months, without supplying any just reasons, coupled with the facts that during the investigation, several witnesses supported the occurrence as an accident, accordingly, the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail 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 Chief Judicial Magistrate, Buxar in connection with Buxar Industrial P.S. Case No. 273 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
(Chandra Shekhar Jha, J.) Raushan/- U T