Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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.
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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
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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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