Patna High Court
Kedar Yadav @ Khesari Lal Yadav @ Kaidar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Kedar Yadav, was arrested in connection with a robbery alleged under sections 309(4) and 34 of the Bihar Negotiable Instruments Act, based primarily on CDR location data and a confessional statement. He contended that he was falsely implicated, that the confessional statement lacks evidentiary value, and that no other material was recovered from his possession. The State opposed his bail, arguing the seriousness of the offence. The Court examined the lack of substantive evidence beyond the confessional statement and noted the petitioner’s clean record and prolonged pre‑trial detention since 23‑09‑2025. Consequently, the Court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the confessional statement and CDR evidence.
- Whether the evidence on record justifies continued pre‑trial detention under sections 309(4) and 34 of the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4), 34
Subjects
- regular bail
- confessional statement
- CDR evidence
- sections 309(4)
- section 34
- false implication
- pre‑trial detention
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10280 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- CHANDRAMANDI District- Jamui
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Kedar Yadav @ Khesari Lal Yadav @ Kaidar Yadav S/o- Gulo Yadav @
Gulabi Yadav @ Guli Yadav R/v- Khairama Ps- Jamui Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shishir Kumar Shishir, Advocate
Mr.Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 309(4)/34
of the BNS.
3. The case of the prosecution is that while the
informant was proceeding on his pickup van, he was
intercepted by 4-5 person who allegedly placed a bolder on the
road. It is further alleged that the accused persons took away
the pick-up and mobile phone of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.10280 of 2026(2) dt.20-02-2026
2/2
FIR was lodged against unknown miscreants. During the course
of investigation, the petitioner was apprehended on the basis of
CDR location. It is contended that the petitioner is alleged to
have made a confessional statement which has no evidentiary
value in the eye of law. It is further submitted that save and
except the confessional statement, nothing has been recovered
from the conscious possession of this petitioner. Moreover, the
petitioner is languishing in judicial custody since 23.09.2025
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Chandramandi P.S. Case No. 178 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Jamui.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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