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Patna High Court

Nirmal Yadav @ Nirmal Singh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order rejecting bail is set aside, granting bail to the appellant.

Summary

The appellant, Nirmal Yadav, was charged with murder under Sections 103(1), 238(a) and 3(5) of the Bihar Non‑Applicable Statutes and Sections 3(ii)‑(v) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the father of the respondent was missing and later found dead, and that the appellant, along with others, had killed him. The appellant contended that he was falsely implicated, that the FIR was based solely on suspicion and a land‑dispute motive, and that there were no eyewitnesses; the only incriminating material was a confessional statement of another accused, Dinesh Yadav, implicating the appellant. The Special Judge had rejected the appellant’s bail application, but on appeal the High Court examined the lack of substantive evidence and the appellant’s clean criminal record. The Court allowed the appeal, set aside the earlier order, and granted bail on a bond of Rs. 10,000 with two sureties and conditions to cooperate with the trial and not threaten witnesses.

Issues considered

  • Whether the appellant is entitled to bail despite the serious nature of the murder charge under the BNS and SC/ST (POA) Act.
  • Whether the evidence, primarily a confessional statement of another accused and alleged enmity, is sufficient to justify denial of bail.
  • Whether the appellant's right to liberty outweighs the prosecution's claim of a brutal murder.

Legislation cited

Subjects

  • bail
  • murder
  • false implication
  • confessional statement
  • land dispute
  • SC/ST Act
  • criminal procedure
  • evidentiary standards

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5102 of 2025
                       Arising Out of PS. Case No.-334 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
                 Nirmal Yadav @ Nirmal Singh Yadav Son of Late Bigau Yadav R/o Village -
                 Auraiya, P.S. - Chenari, Dist. - Rohtas at Sasaram.

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Gurucharan Singh Kharwar @ Gurucharan Singh Son of Late Ramashish
                 Singh Kharwar R/o Village - Auraiya, P.S. - Chenari, Dist. - Rohtas at
                 Sasaram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Shankar Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-03-2026                     Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the respondent.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 26.11.2025 passed by learned Special

                   Judge, SC/ST, Sasaram, Rohtas whereby the prayer for bail of

                   the appellant in connection with Chenari P.S. Case no. 334 of

                   2025 under Sections 103(1), 238(a) and 3(5) of BNS and

                   Sections 3(ii) (v) of SC/ST (POA) Act was rejected.

                               3. The case of the prosecution is that father of the

                   respondent, namely, Ramashish Singh had gone for searching

                   tractor for ploughing the field on 7.08.2025 but he did not
Patna High Court CR. APP (SJ) No.5102 of 2025(3) dt.23-03-2026
                                             2/3




          return. He was being searched in entire village. On 10.08.2025,

          he came to know that the dead body of his father(deceased) was

          found. It is further alleged that the appellant along with others

          who are the enemies of the respondent might have killed the

          deceased.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. From

          perusal of the FIR, it is clear that entire FIR is based on

          suspicion and there is no eye witness. Only ground is that there

          was enmity and during investigation, it has also come that there

          has been land dispute between the parties. Moreover, the

          appellant is languishing in judicial custody since 19.08.2025

          having no criminal antecedent.

                       5. The appeal for bail is opposed by learned Spl. P.P.

          for the State and learned counsel for the respondent. She has

          submitted that it is a brutal murder and some parts of the body

          of the deceased are still missing but she could not connect the

          appellant with the offence.

                       6. From perusal of the entire diary, it is also clear that

          the witnesses who have been examined by I.O. during

          investigation, have only reiterated the respondent. One Dinesh

          Yadav has given his confessional statement and from perusal of
            Patna High Court CR. APP (SJ) No.5102 of 2025(3) dt.23-03-2026
                                                         3/3




                      the confessional statement of Dinesh Yadav, it is clear that he

                      has stated that he along with this appellant and other accused

                      persons have killed the deceased. Save and except confessional

                      statement of Dinesh, there is nothing against the appellant.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of this case as stated

                      above, the Court is inclined to allow this appeal. Accordingly,

                      the appeal is allowed and the impugned order dated 26.11.2025

                      is hereby set aside.

                                    8. The appellant is directed to be enlarged on bail in

                      connection with Chenari P.S. Case No. 334 of 2025 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 Judge SC/ST, Sasaram, Rohtas with the

                      condition that the appellant shall cooperate in trial and shall

                      not threaten any of the witnesses.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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