Patna High Court
Biresh Yadav @ Brish YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted because the prosecution’s case relied solely on a confessional statement and no other substantive evidence, and similar co‑accused had been released on bail.
Summary
The petitioner, Biresh Yadav, applied for bail in a case registered under Sections 103(1) and 238 of the B.N.S., 2023 concerning the discovery of a dead body. The prosecution’s case rests primarily on a confessional statement made by a co‑accused, Juli Devi, which implicated the petitioner. The petitioner argued that he is innocent, that the confessional statement is the sole piece of incriminating material, and that co‑accused Sadanand Mandal, who faced similar allegations, had already been granted bail. The State opposed the bail, contending that the seriousness of the offences warrants continued custody. After considering the lack of substantive evidence beyond the confessional statement and the precedent of bail granted to similarly situated co‑accused, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order also directed compliance with the conditions set by the concerned court in Bhagalpur.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is a confessional statement of a co‑accused.
- Whether the precedent of bail granted to co‑accused in similar circumstances warrants bail for the petitioner.
Legislation cited
- B.N.S., 2023 — s. 103(1), 238
Subjects
- bail
- confessional statement
- Section 103(1) B.N.S.
- Section 238 B.N.S.
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5 of 2026
Arising Out of PS. Case No.-543 Year-2024 Thana- PIRPAINTI District- Bhagalpur
======================================================
Biresh Yadav @ Brish Yadav S/O Shyam Sundar Yadav Resident of village-
Dhuria Sautari, Rasulpur PS- Chausa, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Barun Kumar Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Pirpainti P.S. Case No. 543 of 2024 registered for the offence
punishable under Sections 103(1) and 238 of the B.N.S., 2023.
3. The case of the prosecution is that a dead body was
found near village Harinkol under Pirpainti P.S.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During the course of investigation, the name of this
petitioner has surfaced on the basis of confessional statement of
one Juli Devi and she has already been granted bail by learned
co-ordinate Bench of this Court vide Cr. Misc. No. 40200 of
2025. He also submits that save and except the confessional
Patna High Court CR. MISC. No.5 of 2026(2) dt.05-02-2026
2/2
statement of Juli Devi, there is nothing against this petitioner. It
has also been submitted that one of the co-accused namely,
Sadanand Mandal having similar nature of the allegation, whose
name has also surfaced in the confessional statement of Juli Devi,
has been granted bail by this court vide Cr. Misc. No. 45637 of
2025. The case of this petitioner stands on similar footing.
Moreover, the petitioner is languishing in judicial custody since
01.05.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail 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
C.J.M./concerned court, Bhagalpur in connection with Pirpainti
P.S. Case No. 543 of 2024.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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