In Anil Kumar Yadav @ Golu @ Anil Yadav @ Golu Yadav vs. The State of Bihar (2025), Patna High Court's Division Bench of Justices Mohit Kumar Shah and Soni Shrivastava passed a 9-page long order dated September 23, 2025. The order reads: ''...we are of the view that a case for suspension of sentence & grant of bail to the appellant during the pendency of the present appeal has been made out.''
The order was authored by Justice Shah. It reads: ''10. Accordingly, we direct suspension of order of sentence dated 24.01.2025 qua the appellant herein as also direct to release the appellant on bail, during the pendency of the appeal, on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-1, Lakhisarai in connection with Sessions Trial Case No. 185 of 2023 arising out of Tetarhat P.S. Case No. 149 of 2022. 11. It is clarified that the observation made hereinabove are prima facie and tentative in nature for the purposes of consideration of the prayer of the appellant for suspension of sentence and grant of bail and shall not cause any prejudice to either of the parties at the time of hearing of the main appeal.''
The appeal was preferred against the judgment of conviction and order of sentence dated January 16, 2025 and January 24, 2025 respectively, passed by the District and Additional Sessions Judge-I, Lakhisarai in Sessions Trial No. 185 of 2023 (arising out of Tetarhat P.S. Case No. 149 of 2022) dated December 29, 2022, whereby and whereunder the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000.
The case of the prosecution as per the FIR dated December 29, 2022 registered under Section 302/34 of the IPC against unknown accused persons, based on the written report of the informant, namely Bachchi Devi (PW-5) is that on December 27, 2022 at about 09:00 p.m. in the night her husband namely Makeshwar Yadav had taken meal at his home, whereafter he had gone to bathan situated in the same village for night stay and on December 28, 2022 at about 05:00 a.m. one relative of the informant, namely Karbil Kumar @Karu (PW-2) had gone to wake up the husband of the informant and found that he was sleeping covered with a chadar (bed sheet), whereafter he had loudly called him with a view to wake him up, however when he did not wake up, he had removed the bed sheet and found that the husband of the informant was lying dead on a cot in a pool of blood. The said Karbil Kumar @ Karu (PW-2) had found 3-4 cuts on the neck of the husband of the informant, inflicted by sharp cutting weapon, whereafter PW-2 had raised alarm and then all the villagers had arrived there and found the husband of the informant lying dead on the cot. The informant had stated that unknown accused persons has killed her husband by a sharp cutting weapon by slitting his neck, whereafter police had arrived at the place of occurrence and then the dead body was sent for postmortem examination to the Sadar Hospital, Lakhisarai, whereupon the last rites of the dead body was performed.
The senior counsel for the appellant had submitted that there were no eye-witnesses to the alleged occurrence, the FIR was lodged against unknown accused persons after a delay of about two days and the prosecution witnesses were all interested and related. It was submitted that the name of the appellant has been introduced after lapse of 13 days.
Justice Shah concluded that the observations made in the order are prima facie and tentative in nature.
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