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Patna High Court

Manoj Yadav @ Pramod YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and bail is granted to the appellants.

Summary

The appellants Manoj Yadav and Pramod Yadav were charged under Sections 103(1) and 61(2) of the B.N.S., Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST Act (later amended with Sections 25(1)(b)a, 26 and 35 of the Arms Act) for allegedly firing indiscriminately and causing the death of a victim. The trial court denied their bail application, relying primarily on the confessional statements of co‑accused Sudhir and Jitendra Yadav, which implicated the appellants as having participated in the crime. The appellants contended that the prosecution’s case rested solely on those confessional statements and that no other material, such as mobile data, was produced. The High Court, after hearing both sides, found the evidence insufficient to justify continued denial of bail and set aside the lower court’s order. Consequently, the Court granted bail to the appellants on the condition of furnishing a bail bond of Rs. 10,000 with two sureties each.

Issues considered

  • Whether the confessional statements of co‑accused alone justify denial of bail to the appellants.
  • Whether the evidence on record is sufficient to sustain the trial court’s refusal to grant bail under the applicable provisions of the B.N.S., Arms Act and SC/ST Act.

Legislation cited

Subjects

  • bail
  • confessional statement
  • Arms Act
  • SC/ST Act
  • evidence
  • judicial custody
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4289 of 2025
                    Arising Out of PS. Case No.-323 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Manoj Yadav @ Pramod Yadav, S/o- Late Musha Yadav, R/v- Moti Tola, P.S.-
                 Ara Nagar, Dist- Bhojpur

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sudama Ram S/o- Late Vishwanath Ram R/v- Shivganj Ambedkar Colony
                 Ps- Ara Nagar Dist- Bhojpur

                                                           ... ... Respondent/s
                 ======================================================
                                                        with
                                CRIMINAL APPEAL (SJ) No. 4273 of 2025
                    Arising Out of PS. Case No.-323 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Pramod Yadav, Son of Late Musha Yadav, R/o Village - Moti Tola, P.S. - Ara
                 Nagar, Dist. - Bhojpur.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sudama Das, Son of Late Vishwanath Ram, R/o Village - Shivganj
                 Ambedkar Colony, P.S. - Ara Nagar, Dist. - Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (SJ) No. 4289 of 2025)
                 For the Appellant/s  :     Ms. Priya, Advocate
                                            Mr. Prabhat Kumar Singh, Advocate
                 For the Respondent/s :     Mr. Binay Krishna, Spl. P.P.
                 (In CRIMINAL APPEAL (SJ) No. 4273 of 2025)
                 For the Appellant/s  :     Ms. Priya, Advocate
                                            Mr. Prabhat Kumar Singh, Advocate
                 For the Respondent/s :     Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   28-01-2026                Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State.

                              2. The instant appeal has been filed by the appellants
Patna High Court CR. APP (SJ) No.4289 of 2025(5) dt.28-01-2026
                                             2/4




          against the order dated 12.09.2025 passed by learned Court of

          1st Additional Sessions Judge-cum-Special Judge, SC/ST Act,

          Bhojpur at Ara whereby the prayer for bail of the appellants in

          connection with Ara Town P.S. Case No. 323 of 2025 under

          Sections 103(1) and 61(2) of B.N.S., Section 27 of the Arms Act

          and Sections 3(2)(v) of SC/ST Act and later on Sections 25(1-

          b)a, 26 and 35 of the Arms Act added was rejected.

                       3. The case of the prosecution, in short, is that the son

          of the respondent was sitting before his door. At that time, three

          persons on a pulsar bike arrived and started making firing

          indiscriminately. The respondent came out of the house hearing

          the sound of the firing and saw that Sudhir Yadav, Jitendra

          Yadav and Amit Yadav were there. Sudhir Yadav and Jitendra

          Yadav were firing with pistol. The son of the respondent fell

          down there in a pool of blood. It is further alleged that Amit was

          driving the pulsar and kept his bike in start mode. The injured

          was rushed to the Sadar Hospital where he was declared dead. It

          is further alleged that near the house of the respondent there is

          cowshed of Manoj Yadav, Musa Yadav and Pramod Yadav. It is

          alleged that they along with son-in-law of Pramod Yadav,

          namely, Sonu Yadav have worked as liner. They were seen in

          the morning between 7:00 A.M. to 8:00 A.M. passing by bike
Patna High Court CR. APP (SJ) No.4289 of 2025(5) dt.28-01-2026
                                             3/4




          and were calling on mobile somebody.

                       4. It is submitted by learned counsel for the appellants

          that appellants are innocent and they have been falsely

          implicated in this case. From perusal of the F.I.R., it is clear

          that the main thrust of allegation is against Sudhir, Jitendra and

          Amit. As far as these appellants are concerned, it is clear that the

          role attributed to them is that they were working as liner. During

          course of investigation, Sudhir Yadav, one of the assailants has

          given his confessional statement and in his confessional

          statement, he has stated that the appellants have done reiki of the

          house of the respondent. Learned counsel for the appellants has

          further submitted that the story of reiki has cropped during

          investigation which is based only on the confessional statement

          of the co-accused. It has also been submitted that save and

          except the confessional statement, there is nothing to support the

          story of reiki even the C.D.R. of the mobile of the appellants

          was not collected by the I.O. during investigation. The

          appellants are languishing in judicial custody since 19.05.2025.

                       5. The appeal for bail is vehemently opposed by

          learned Spl. P.P. for the State and has submitted that during

          investigation Sudhir and Jilendra have given their confessional

          statement and have stated that these appellants were indulged in
             Patna High Court CR. APP (SJ) No.4289 of 2025(5) dt.28-01-2026
                                                          4/4




                       reiki and thereafter the offence was committed by the main

                       assailant.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to allow this appeal. Accordingly, the appeal is allowed

                       and the impugned order dated 12.09.2025 passed in connection

                       with Ara Town P.S. Case No. 323 of 2025 is hereby set aside.

                                       7. The appellants are directed to be enlarged on bail

                       in connection with Ara Town P.S. Case No. 323 of 2025 on

                       furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                       each with two sureties of the like amount each to the satisfaction

                       of the learned Court of 1st Additional Sessions Judge-cum-

                       Special Judge, SC/ST Act, Bhojpur at Ara.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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