Kapil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27489 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- BELHAR District- Banka ====================================================== Kapil Yadav S/o- Ashok Yadav @ Ashok Kumar Resident Of VillageChiraiyadih, Ps- Belhar, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-08-2025 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar Singh No. 1, learned APP for the State.
2. Petitioner seeks regular bail in connection with Belhar P.S. Case No. 315 of 2024 registered for the offences punishable under Sections 80(2),3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner, who is husband of the deceased, along with other family members committed murder of the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is in custody since 07.12.2024 in spite of the fact that he is innocent. The deceased has herself consumed poison and thereafter the petitioner had
Patna High Court CR. MISC. No.27489 of 2025(3) dt.06-08-2025 2/3 taken her for treatment where she died. On mere suspicion, the petitioner has been made accused in the present case. False implication is also evident from the statement of one witness recorded in paragraph no.9 of the case diary. He further submitted that there is every likelihood that petitioner, who is having clean antecedent, will be acquitted in the trial.
5. Learned APP appearing for the State opposes the bail prayer. He submitted that material has come against the petitioner in course of investigation and there are witness who have supported the prosecution story.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the material which has come in course of investigation, I find that the allegation is not supported by the witnesses, who have been examined in course of investigation. The petitioner has made out a case that there is every likelihood that petitioner, who is having clean antecedent, will be acquitted in the trial. The learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case
Patna High Court CR. MISC. No.27489 of 2025(3) dt.06-08-2025 3/3 No. 315 of 2024 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J) Sanjay/- U T