Chandan Yadav @ Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89254 of 2025 Arising Out of PS. Case No.-342 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Chandan Yadav @ Chandan Kumar Yadav S/o Radheshayam Yadav R/o vill - Majhariya, P.S.- Buxar (Ind.), Distt.- Buxar 2.
Nitish Kumar S/o Brajesh Choudhary R/o vill - Golumber Buxar, P.s.- Buxar (Ind.), Distt.- Buxar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :
Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-02-2026 Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 309
(6) of the BNS.
4. The case of the prosecution is that the informant received a call on his mobile phone and was informed that Santosh Yadav @ Guddu Yadav had been killed and thrown in field. The informant reached the district hospital, Buxar and from there he was referred to Varanashi for better treatment. A video was seen in the morning in which it was observed that the hands of the Santosh Yadave @ Guddu Yadav were tied and the
Patna High Court CR. MISC. No.89254 of 2025(3) dt.18-02-2026 2/3 e-Rickshaw as well as a mobile phone were also missing.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that the FIR was lodged against unknown miscreants. During the course of investigation co-accused, Farhan has given his confessional statement and the name of these two petitioners were surfaced on the basis of the said statement. It is further submitted that from the order passed by the learned trial Court, it transpires that the statement of injured Santosh Yadave @ Guddu Yadav was recorded and from the said statement, it appears that he was only assaulted by certain persons but did not name any persons. It is further submitted that nothing incriminating articles have been recovered from the conscious possession of these petitioners. It is further submitted co-accused persons have been granted bail by a Bench of this Court vide order dated 11.02.2026 passed in Cr. Misc. No. 88695 of 2025 and its analogous case. Moreover, the petitioners are languishing in judicial custody since 17.10.2025.
7. Learned APP appearing for the state has opposed the prayer of regular bail.
8. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.89254 of 2025(3) dt.18-02-2026 3/3 of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Buxar Muffasil P.S. Case No. 342 of 2025 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, Buxar.
(Ashok Kumar Pandey, J) Jagdish/- U T