Raju Yadav @ Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27628 of 2026 Arising Out of PS. Case No.-19 Year-2005 Thana- RUPAULI District- Purnia ====================================================== Raju Yadav @ Rajesh Yadav Son of Mishri Yadav Resident of village Kamlakund, P.S.- Bhawanipur, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-06-2026 Learned counsel for the petitioner has submitted that the age of the petitioner is 46 years whereas in his petition, it has been typed 26 instead of 46. He is directed to rectify the same during course of the day.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 302, 201, 120(B) of the IPC.
4. The case of the prosecution is that the son of the informant has gone with Chhanguri Mian on the call of one Bijala Mian. The son of the informant reached, the petitioner along with others was also there as the son of the informant did not return till night, he was being searched. The informant came
Patna High Court CR. MISC. No.27628 of 2026(3) dt.22-06-2026 2/3 to know that his son has been concealed somewhere. On 12.03. 2005 at 11 A.M. the dead body of the deceased has been found lying in the Banana field of Lucho Mandal.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that that deceased has gone with Chhanguri Mian as per the FIR on 10.03.2005. He has further been submitted that the name of other accused persons have been added in this case merely on the basis of suspicion. It has further been submitted that there is no eye witness of this case. The dead body of the deceased was recovered after two days. The deceased was last seen with Chhanguri Mian and no one has seen the petitioner and others with the deceased. During course of investigation, the witnesses have stated that they have seen the deceased with Chhanguri Mian and they came to know that the deceased was killed by the petitioner and others.
From the perusal of the postmortem of the deceased, it is clear that at the time of postmortem the body has stated decomposing and on dissection, fractured of left temporal bone, blood clots present in the head. The doctor conducting autopsy has opined that the cause of death is hemorrhage and shock due to above noted injury caused by sharp cutting weapon.
Patna High Court CR. MISC. No.27628 of 2026(3) dt.22-06-2026 3/3 submitted that the case is completely based on circumstantial evidence. A statement has been made in para-3 that the petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 24.11.2025.
6. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that this case of year 2005 and petitioner was absconding.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rupauli P.S. Case No. 19 of 2005 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea with condition that the petitioner shall co-operate in trial and he shall appear on each and every date fixed by the learned trial court till the disposal of this case. (Ashok Kumar Pandey, J) Sneha/- U T