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Patna High Court

SURENDRA YADAV @ RAUSHAN @ BHURKUND @ RAUSHAN JEEversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Surendra Yadav, was arrested in May 2025 in connection with a murder case (IPC sections 302 and 34) arising from a FIR dated 14 June 2024. The prosecution alleged that the victim was shot dead on 13 June 2024 and that the petitioner was implicated solely on the basis of confessional statements of co‑accused persons. The petitioner argued that he has a clean antecedent, was not originally named in the FIR, and that no other material links him to the offence. The State opposed bail, but the Court observed that other co‑accused had already been released on bail and that the only evidence against the petitioner was the co‑accused statements. Considering these circumstances, the Court granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order was directed to be implemented by the District & Additional Sessions Judge, XIX, Gaya.

Issues considered

  • Whether bail should be granted to the petitioner when the only evidence against him is the confessional statements of co‑accused and he has a clean antecedent

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • clean antecedent
  • confessional statement
  • co‑accused
  • criminal antecedent verification
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22780 of 2026
                         Arising Out of PS. Case No.-256 Year-2024 Thana- KONCH District- Gaya
                 ======================================================
                 SURENDRA YADAV @ RAUSHAN @ BHURKUND @ RAUSHAN JEE
                 S/O LATE AKLU YADAV R/o Village- Pande Pokhar, PS- Konch, District-
                 Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shailesh Kumar, Advocate
                 For the State           :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                     Heard Mr. Shailesh Kumar, learned counsel for the

                   petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   13.05.2025.2025, in connection with Sessions Trial No. 829 of

                   2025 arising out of Konch P.S. Case No. 256 of 2024, F.I.R. dated

                   14.06.2024 registered for the offences punishable under Sections

                   302, 34 of the Indian Penal Code.

                                 3. The prosecution case, in brief, is that on 13.06.2024

                   at about 11 P.M. in the night, brother of informant was shot dead

                   by some unknown persons.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely implicated

                   in the present case. He further submits that initially the petitioner

                   was not named in the F.I.R. and the name of the petitioner has
Patna High Court CR. MISC. No.22780 of 2026(2) dt.10-04-2026
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          been transpired on the basis of confessional statement of co-

          accused persons namely Jitendra Yadav @ Amarjeet Yadav and

          Jairam Yadav and except the confessional statement of co-accused

          persons, no other cogent material has come during investigation to

          suggest the involvement of the petitioner in the present

          occurrence. He furtrher submits that co-accused person, namely

          Jitendra Yadav @ Amarjit Yadav who has confessed the name of

          the petitioner has been granted bail by a Coordinate Bench of this

          Court vide order dated 08.12.2025 passed in Cr. Misc. No. 35054

          of 2025, another co-accused person namely Sukhendra Yadav has

          been granted bail by a Coordinate Bench of this Court vide order

          dated 13.05.2025 passed in Cr. Misc. No. 7406 of 2025, another

          co-accused person namely Umesh Yadav has been granted the

          privilege of anticipatory bail by a Coordinate Bench of this Court

          vide order dated 15.01.2026 passed in Cr. Misc. No. 74179 of

          2025, respectively.         He further submits that     the police after

          investigation submitted chargesheet against the petitioner and the

          petitioner is in custody since 13.05.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner            having clean antecedent and

          initially the petitioner was not named in the F.I.R and the name of
Patna High Court CR. MISC. No.22780 of 2026(2) dt.10-04-2026
                                            3/4




          the petitioner has been transpired on the basis of confessional

          statement of co-accused persons and the said person has been

          granted bail by a Coordinate Bench of this Court, another co-

          accused persons have been granted bail and anticipatory bail by a

          Coordinate Benches of this Court, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned District & Additional Sessions Judge- XIX,

          Gaya Jee in connection with Sessions Trial No. 829 of 2025

          arising out of Konch P.S. Case No. 256 of 2024, subject to the

          following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and on

          his absence on two consecutive dates without sufficient reason, his

          bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move for

          cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at any

          stage, it is found that the petitioner has concealed his criminal

          antecedents, the court below shall take step for cancellation of bail
               Patna High Court CR. MISC. No.22780 of 2026(2) dt.10-04-2026
                                                           4/4




                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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