Patna High Court
Avinash Yadav @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail.
Summary
Avinash Yadav was charged with murder under Section 103(1) of the B.N.S., Section 27 of the Arms Act and Section 3(ii)(v) of the SC/ST Act. The Special Court had rejected his bail application, relying mainly on the confessional statements of two co‑accused, while no direct evidence linked Yadav to the crime. Yadav contended that he was falsely implicated, had no criminal antecedent and had been in judicial custody since August 2024. The State opposed bail, acknowledging that the appellant's name surfaced only from the co‑accused's confessions. The Patna High Court, after hearing both sides, held that the reliance on confessional statements alone was insufficient to deny bail and set aside the lower court’s order, granting bail on a bond of Rs.10,000 with two sureties. The appeal was therefore allowed.
Issues considered
- Whether bail can be denied when the only incriminating material against the accused is the confessional statements of co‑accused.
- Whether the provisions of Section 103(1) of the B.N.S., Section 27 of the Arms Act and Section 3(ii)(v) of the SC/ST Act justify refusal of bail in the present facts.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 103(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(ii)(v)
Subjects
- bail
- confessional statement
- co‑accused
- SC/ST Act
- Arms Act
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4776 of 2025
Arising Out of PS. Case No.-726 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
Avinash Yadav @ Avinash Kumar, Son of Harendra Yadav @ Harendra
Singh, Resident of Village - Yadav Tola Kuraich, P.S. Sasaram(Town), District
- Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar
2. Vishuni Paswan, Son of late Laldeo Paswan, Resident of Village- Kuraich
Mahavir Sthan, Ward No. 14, P.S. Sasaram (Town), District Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raghunandan Kumar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 02-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 01.11.2025 passed by learned Special
Court, SC/ST Act, Rohtas at Sasaram whereby the prayer for
bail of the appellant in connection with Sasaram (T) P.S. Case
No.726 of 2024 under Section 103(1) of B.N.S., Section 27 of
the Arms Act and Section 3(ii)(v) of SC/ST Act was rejected.
3. The case of the prosecution, in short, is that on
31.08.2024 the respondent’s father Laldeo Paswan went out for
a walk at 4:00 A.M. At 4:20 A.M., the respondent got
information that his father has been shot dead by unknown
Patna High Court CR. APP (SJ) No.4776 of 2025(4) dt.02-04-2026
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persons in front of one Vijay Lal’s house. The respondent
reached there and took his father to Sadar Hospital, Sasaram
where he died during treatment.
4. It is submitted by learned counsel for the appellant
that appellant is innocent and he has been falsely implicated in
this case. The F.I.R. was lodged against unknown miscreants.
During course of investigation, one spy has suspected two
persons Shahi Kumar and one Ashwini Kumar. Both have given
their confessional statement before police. The name of this
appellant has surfaced only on the basis of confessional
statement of these two accused persons. It has further been
submitted that save and except the confessional statement of the
co-accused, there is nothing against the appellant. It has also
submitted that co-accused Ashwini Kumar @ Naga has been
granted bail by learned Co-ordinate Bench vide Cr. Appeal (SJ)
No. 1964 of 2025 and co-accused Shashi Kumar has been
granted bail by this Court vide Cr. Appeal (SJ) No. 3542 of
2025. The case of this appellant stands on better footing. He is
having no criminal antecedent and he is languishing in judicial
custody since 02.08.2024.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and has conceded that name of this
Patna High Court CR. APP (SJ) No.4776 of 2025(4) dt.02-04-2026
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appellant has surfaced on the basis of confessional statement.
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 01.11.2025 passed in connection
with Sasaram (T) P.S. Case No.726 of 2024 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Sasaram (T) P.S. Case No.726 of 2024 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Special Court, SC/ST Act, Rohtas at Sasaram.
(Ashok Kumar Pandey, J)
lata/-
U T
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