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Patna High Court

Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that confessional statements of co‑accused have no evidentiary value and, in view of the circumstances, the petitioner is entitled to bail.

Summary

The petitioner, Kumar Yadav, applied for bail in a case involving offences under Sections 363, 302, 201, 34 and 120(B) of the Indian Penal Code, relating to the alleged kidnapping and murder of an informant's husband. He contended that he was falsely implicated and that the only incriminating material against him was the confessional statements of co‑accused Nakul Yadav and Gulul Yadav, which he argued have no evidentiary value. The State opposed the bail, citing the seriousness of the charges. The court noted that the co‑accused had already been granted bail and that confessional statements of co‑accused are not admissible as substantive evidence. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to his appearance in court as required.

Issues considered

  • Whether confessional statements of co‑accused can be used as evidence against the petitioner
  • Whether the petitioner is entitled to bail despite being charged under Sections 363, 302, 201, 34 and 120(B) IPC
  • Whether the bail granted to co‑accused influences the grant of bail to the petitioner

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • confessional statement
  • evidentiary value
  • murder
  • kidnapping
  • criminal conspiracy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2694 of 2026
                     Arising Out of PS. Case No.-252 Year-2021 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Kumar Yadav S/O Late Rameshwar Yadav @ Late Faudari Yadav R/O
                 Village- Lakhminia, P.S- Ballia, Distt.- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rahul Singh
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-363, 302, 201, 34, 120(B) of

                   the Indian Penal Code.

                                3. Allegedly, the husband of the informant was

                   kidnapped by the accused persons and later on, he was killed.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated

                   in this case. The name of the petitioner was figured                          in

                   confessional statement of co-accused Nakul Yadav and Gulab

                   Yadav. It has further been submitted that from perusal of the

                   impugned order, it appears that in paragraphs-22 & 25 of the
            Patna High Court CR. MISC. No.2694 of 2026(2) dt.17-02-2026
                                                        2/2




                      case diary, the said Nakul Yadav and Gulab Yadav in their

                      confessional statement, have named the petitioner. Learned

                      counsel has submitted that the confessional statement of co-

                      accused has no evidentiary value in the eye of law. Moreover,

                      the said Nakul Yadav and Gulab Yadav have been granted bail

                      by co-ordinate benches of this court vide orders dated 16-03-

                      2023 & 15-02-2023 passed in Cr. Misc. Nos. 45188 of 2022 &n

                      53344 of 2022 respectively.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, be released on bail on furnishing

                      bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Judicial

                      Magistrate-Ist Class, Begusarai in connection with Sahebpur

                      Kamal P.S. Case No. 252 of 2021 with condition that the

                      petitioner will appear in the court below on each and every

                      date fixed in the case.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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