Patna High Court
Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 120(B), 201, 302, 34, 363
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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