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Patna High Court

Biresh Yadav @ Brish YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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