Akalesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46176 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- HILSA District- Nalanda ====================================================== Akalesh Yadav S/o Bhola Yadav R/o Kaushik Nagar, P.S. - Hilsa, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Hilsa P.S. Case No. 41 of 2025 registered for the offences under Sections 103(1) and 3(5) of the BNS.

3. As per prosecution case, on non-fulfillment of their demand of money, petitioner with the help of his family members, killed his wife, sister of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The marriage was solemnized in the year 2014 and there are two children out of this wedlock. There was no prior complaint about any torture or harassment from the deceased against the petitioner and others. The informant is not an eyewitness still he has lodged the case that he was present at the

Patna High Court CR. MISC. No.46176 of 2025(3) dt.10-09-2025 2/3 spot and saw the whole occurrence through his own eyes. The deceased was a lady of short temperament and used to quarrel over petty dispute and on the alleged date of occurrence, she committed suicide but the informant lodged this false case implicating the petitioner and his whole family. During course of investigation, police found that the case was not true against other family members and submitted charge-sheet under Section 108 of BNS. Petitioner is in custody since 04.04.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge-sheet under Section 108 of BNS disbelieving the allegation and also considering the period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Hilsa, Nalanda/concerned court in connection with Hilsa P.S. Case No. 41 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other

Patna High Court CR. MISC. No.46176 of 2025(3) dt.10-09-2025 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T