Lutan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81179 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Lutan Yadav S/O - Vindeshwari Yadav @ Late Bindeshwari Yadav Resident of village-Balchan Tola, P.S.- Salkhua, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate Mr. Anil Kumar Sinha, Advocate Mr. Harish Chandra Patel , Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner seeks regular bail in connection with Salkhua P.S. Case No. 104 of 2024 in a case registered for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code .
3 . As per prosecution story , informant namely, Abhimanyu Kumar alleged that on account of family dispute this petitioner along with other FIR named accused persons
Patna High Court CR. MISC. No.81179 of 2025(2) dt.27-11-2025 2/3 assaulted the mother of informant and administered her poison as a result of which, the mother of informant died.
4. Learned counsel for the petitioner submits that petitioner is father of the informant and husband of the deceased. Petitioner has been made accused in this case only on the basis of suspicion . Informant is not an eye witness to the alleged occurrence . In the F.I.R. informant has not disclosed as to how he came to know about the involvement of this petitioner in the alleged occurrence . Deceased is second wife of the petitioner and some property dispute was going on between the family of informant and this petitioner and due to that he has been falsely implicated in this case . Petitioner is in custody since 28.08.2024 and claims clean antecedent. Chargesheet has already been submitted in the present case .
5 . Learned A.P.P. for the State vehemently opposes the bail application .
6. Considering the aforesaid facts and circumstances of the case and period of custody, bail application is allowed. Let the above named petitioner 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 District & Additional Sessions Judge III, Saharsa, in connection with
Patna High Court CR. MISC. No.81179 of 2025(2) dt.27-11-2025 3/3 Salkhua P. S. Case No. 104 of 2024 .
(Prabhat Kumar Singh, J) Koushik/- U T