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Patna High Court

Sunil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sunil Yadav, applied for bail in a case (PS No. 54 of 2025) alleging offences under Sections 309(4) and 3(5) of the BNS. The prosecution’s case is based mainly on a confessional statement of a co‑accused, with no material linking the petitioner directly to the robbery of Vishwajeet Bharti. The petitioner’s counsel argued that he is not named in the FIR and that no physical evidence or recovered items tie him to the crime. The State highlighted the petitioner’s four prior criminal cases, though three are on bail and one is pending. After considering the lack of substantive evidence and the petitioner’s antecedents, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal cases justify denial of bail.
  • Whether the conditions imposed by the court are appropriate for the grant of bail.

Legislation cited

  • BNS — s. 309(4), 3(5)

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • co‑accused
  • antecedent cases
  • Section 309
  • Section 3
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6545 of 2026
                       Arising Out of PS. Case No.-54 Year-2025 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Sunil Yadav S/O Hira Lal Yadav Resident of village- Rajpur,P.S.-
                 Imadpur,District-Bhojpur

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Malti Kumari
                 For the Opposite Party/s :       Mr. Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.09.2025 in connection with Imadpur P.S. Case No. 54 of

                   2025 for the offences punishable under Sections 309(4) and 3(5)

                   of BNS.

                               3. The prosecution story, in brief, is that on 26 April

                   2015, Vishwajeet Bhartiy was returning home after his workday,

                   at around 12.35 PM he left school on his black Honda SP 125

                   Motorcycle, registration no. BR03AN2376 heading toward his

                   village Nanhi. By 1.00 P.Μ. as he reached the main road near

                   Balu Ghat under the Imadpur Station, two men on a black and

                   blue splendor signaled for him to stop and quickly overtook.

                   The man sitting on the back of the Splendor pulled a country
Patna High Court CR. MISC. No.6545 of 2026(3) dt.09-04-2026
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          made pistol from his waist and armed at Vishwajeet Bharti, the

          other individual who was about 5 feet 5 inches tall . Speaking in

          Bhojpuri they threatened him saying if you make any noise, we

          will shoot you stand still. Thereafter, the robbers took his Vivo

          T3 ultra 5G mobile phone and his black wallet which contained

          about Rs.1000. They handed back his Aadhar Card and ATM

          Card but there his backpack into the bushes. Then the man in

          white shirt on Vishwajeet's Motorcycle (Honda SP 125 Reg. No.

          BR03AN2376) and the robbers left towards Bihta Tarari.

                      4. Learned counsel for the petitioner submits that

          petitioner is not named in the FIR and the name of the petitioner

          has transpired on the basis of confessional statement of co-

          accused person, namely, Sunil Kumar which was recorded in

          paragraph no. 113 of the case diary. Learned counsel for the

          petitioner further submits that except the confessional statement

          of co-accused person no other cogent material has come during

          the investigation to suggest the involvement of the petitioner in

          the present occurrence and nothing has been recovered from the

          conscious possession of the petitioner or from the house of the

          petitioner and no TIP has been conducted by the prosecution, it

          is next submitted that police after investigation has submitted

          charge-sheet and the petitioner is in custody since 1.9.2025.
Patna High Court CR. MISC. No.6545 of 2026(3) dt.09-04-2026
                                            3/4




                      5. Learned APP for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of four cases other than

          the present case but fairly submits that the petitioner is on bail in

          three cases and one case is pending for consideration before the

          competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the Court of

          Additional Chief Judicial Magistrate 1st Bhojpur at Ara in

          connection with Imadpur P.S. Case No. 54 of 2025, subject to

          the following conditions:-

                       i. 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.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall
           Patna High Court CR. MISC. No.6545 of 2026(3) dt.09-04-2026
                                                       4/4




                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail 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)
Gaurav Sinha/-

U      T


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