Devendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80518 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== Devendra Yadav S/o Bansh Narayan Singh @ Bansh Narayan Yadav Resident of Village- Sahipur (Gadaipur), P.S.- Itarhi, Dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Advocate Mr. Sitendra K. Singh, Advocate Mr. Shankar Kumar, Advocate Ms. Dimpal Kumari, Advocate Mr. Radha Krisha, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2026 Heard Mr. Ramchandra Singh, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 28.08.2025 in connection with Buxar Rail P.S. Case No. 103 of 2025, F.I.R. dated 16.05.2025 for the offences punishable under Sections 61(2), 103(1) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along with other accused persons have killed the husband of the informant and thrown his dead body on railway track.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.80518 of 2025(4) dt.31-01-2026 2/3 present case. He further submits that on 14.04.2025 one U.D. Case No. 26 of 2025 was registered which suggest that the deceased died a natural death and thereafter, the informant who is wife of the deceased afterthought and after one month lodged the present false case on 16.05.2025 against the petitioner and other accused persons. He further submits that nothing has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 28.08.2025.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one criminal antecedent other than the present one in which final form has been submitted.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway ACJM, Ara, Bhojpur in connection with Buxar Rail P.S. Case No. 103 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.80518 of 2025(4) dt.31-01-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T