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Patna High Court

DINESH YADAV @ DINESH SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that bail must be granted as the prosecution’s case was weak and primarily based on a confessional statement without corroborative evidence.

Summary

The appellant, Dinesh Yadav, was charged with murder under Sections 103(1), 238(a) and 3(5) of the Bihar Non‑Applicable Statutes (BNS) and Sections 3(ii) to 3(v) of the SC/ST (Prevention of Offences) Act, following the death of the respondent's father. The prosecution alleged that the appellant, motivated by a land dispute and enmity, participated in the killing, relying mainly on the respondent’s statements and a confessional statement by the appellant. The defence argued that the FIR was based solely on suspicion, lacked eyewitness testimony, and that the appellant had no prior criminal record. The trial court denied bail, but on appeal the High Court examined the evidentiary material and found the case against the appellant weak, noting the reliance on a confessional statement and the absence of corroborative evidence. Consequently, the Court allowed the appeal, set aside the trial court’s order, and granted bail on condition of a bond and sureties.

Issues considered

  • Whether bail should be granted to the accused under the provisions of the BNS and SC/ST (POA) Act given the nature of the alleged offence and the evidentiary material.
  • Whether the confessional statement of the accused, in the absence of corroborative evidence, is sufficient to justify denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • land dispute
  • SC/ST Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.98 of 2026
                       Arising Out of PS. Case No.-334 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
                 Dinesh Yadav @ Dinesh Singh S/o Late Sheomangal Yadav @ Late Sheo
                 Mangal Yadav R/o vill - Auraeya, P.S.- Chenari, Distt.- Rohtas

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Gurucharan Singh S/o Late Ramashish Singh R/o vill - Auraiya, P.S.-
                 Chenari, Distt.- Rohtas

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

4   25-06-2026                  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 18.11.2025 passed by learned Special

                   Judge, SC/ST, Rohtas, Sasaram 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.98 of 2026(4) dt.25-06-2026
                                             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. He has

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

          the deceased are still missing but he 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

          statement of respondent. The appellant has given his

          confessional         statement        and      from     perusal    of   the
            Patna High Court CR. APP (SJ) No.98 of 2026(4) dt.25-06-2026
                                                         3/3




                      confessional statement of the appellant, it is clear that he has

                      stated that he along with this other accused persons have killed

                      the deceased. Save and except confessional statement of the

                      appellant, there is nothing against him.

                                   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 18.11.2025

                      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, Rohtas, Sasaram with the

                      condition that the appellant shall cooperate in trial and shall

                      not threaten any of the witnesses.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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