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Patna High Court

Akshay YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the petitioner is a named assailant in a murder case, with serious charges and prior criminal history, and the evidence in the FIR and co‑accused confessions corroborates the allegations.

Summary

The petitioner, Akshay Yadav, was arrested in connection with a murder case (Sessions Case No.208 of 2025) where the victim, the informant's brother, was shot dead. The prosecution alleged that the petitioner was one of the assailants who fired at the victim, as stated in the FIR and corroborated by confessional statements of co‑accused. The petitioner argued that the confessional statement was inadmissible, that he was not an eyewitness, and that the investigation lacked direct evidence, citing bail granted to co‑accused in similar circumstances. The State opposed bail, emphasizing the seriousness of the offences (murder, attempt to murder, and illegal possession of arms), the petitioner’s extensive criminal antecedents, and the risk of tampering with witnesses. The Court examined the post‑mortem report, the FIR, and the confessional statements, finding the allegations substantiated and the petitioner’s conduct disqualifying for bail. Consequently, the Court rejected the bail application, noting that the order’s observations would not affect the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR and confessional statements of co‑accused.
  • Whether the confessional statement of a co‑accused is admissible for the purpose of bail consideration.
  • Whether the petitioner’s prior criminal antecedents and the seriousness of the offences preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • murder
  • arms act
  • criminal antecedents
  • confessional statement
  • evidentiary admissibility
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71039 of 2025
                    Arising Out of PS. Case No.-12 Year-2025 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Akshay Yadav, Son of Vinod Yadav, R/O Ujra Narayanpur, P.S.- Uchkagaon,
                 District - Gopalganj.
                                                                        ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Ranjan, Advocate
                                                 Mr. Anuj Kumar, Advocate
                                                 Mr. Shreyanshu Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 For the Informant        :      Mr. Harsh Singh, Advocate
                                                 Mr. Abhijeet, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


7   03-07-2026                   Heard Mr. Rajesh Ranjan, learned counsel duly

                   assisted by Mr. Anju Kumar, learned counsel for the petitioner;

                   Mr. Harsh Singh, learned counsel for the informant and Mr.

                   Sanjay Kumar Pandey, learned A.P.P. for the State.

                                 2. Petitioner, who is in custody, seeks bail in

                   connection with Sessions Case No.208 of 2025 arising out of

                   Uchkagaon P.S. Case No. 12 of 2025 registered for the offences

                   punishable under Sections 103, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 27(3) of the Arms Act, 1959.

                                 3. As per the prosecution case, the informant has
Patna High Court CR. MISC. No.71039 of 2025(7) dt.03-07-2026
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          alleged that on 10.01.2025 his elder brother, namely, Arvind

          Kumar Yadav, while going to school on his motorcycle, saw that

          the named accused persons including the petitioner started

          indiscriminate firing upon his brother hitting him on his chest

          and abdomen upon which he fell down. It is further alleged that

          the villagers came to the place of occurrence upon hearing the

          sound of firing and thereafter the accused persons fled away on

          two motorcycles and thereafter, the informant’s brother was

          taken to the Sadar hospital in a car, where the doctor declared

          him dead.

                       4. Mr. Rajesh Ranjan, learned counsel for the

          petitioner submits that the petitioner is innocent and has falsely

          been implicated in a concocted case as from the FIR it would

          appear that the informant was not an eyewitness to the

          occurrence. It has further been submitted that during the course

          of investigation one non-FIR named accused, namely, Abhishek

          Kumar in his confessional statement before the police took the

          name of present petitioner regarding his role played in the

          alleged occurrence. It has next been submitted that such

          confessional statement is inadmissible in evidence and cannot

          be relied upon.

                       5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.71039 of 2025(7) dt.03-07-2026
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          materials collected during the course of investigation is

          insufficient to substantiate direct involvement of the accused

          persons, including the present petitioner and no incriminating

          article has been recovered from the conscious possession of the

          petitioner. The learned counsel for the petitioner has pointed out

          towards Annexure-2, whereby co-accused persons, namely,

          Mohmad Nazir Alam, Sakil Ahmad @ Sakil @ Jhuna Alam and

          Niraj Singh were granted bail by this Court and submits that the

          case of the petitioner stands on similar footing. It has lastly been

          submitted that the investigation is complete and the police has

          submitted charge-sheet on 10.04.2025 and the petitioner is

          languishing in jail since 12.02.2024. Learned counsel has

          though admitted the fact that the petitioner carries ten criminal

          antecedents.

                       6. Mr. Harsh Singh, learned counsel for the informant

          submits that the petitioner cannot equate his case with the other

          accused persons, who have been granted bail earlier by this

          Court, as the petitioner was not only named by the informant in

          the FIR but also by the apprehended co-accused persons in their

          confessional statement. It has further been submitted that during

          investigation the active role of the petitioner has been stated by

          the co-accused persons and his presence at the place of
Patna High Court CR. MISC. No.71039 of 2025(7) dt.03-07-2026
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          occurrence cannot be doubted. It has next been submitted by the

          learned counsel for the informant that the petitioner was among

          the accused persons, who had fired upon the brother of the

          informant leading to his death and looking at the long list of

          criminal antecedents of similar nature, the petitioner does not

          deserve to be released on bail.

                       7. The learned counsel for the informant has pointed

          out that the petitioner has not come with clean hands before this

          Court, as it would be evident from the fact that Gopalganj Town

          P.S. Case No.75 of 2022, in which the present petitioner is also

          an accused, which is stated in paragraph ‘3(j)’, therein Section

          302 I.P.C. has been deliberately omitted. He submits that the

          submissions made by the learned counsel for the petitioner that

          the petitioner is in custody since more than 2 years and 4

          months is also wrong, as the FIR was lodged on 10.01.2025 and

          the petitioner is in fact in custody since 12.02.2025 and

          therefore, it is only 1 year and 4 months of his custody.

                       8. The learned A.P.P. has vehemently opposed the

          prayer for bail and has stated that the petitioner being one of the

          assailants should not be released on bail specially taking into

          account that he has a long list of criminal antecedents and he

          would influence the witness yet to be examined.
Patna High Court CR. MISC. No.71039 of 2025(7) dt.03-07-2026
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                       9. Considering the aforesaid submissions made on

          behalf of the petitioner and taking into account the postmortem

          report, which shows six entry wounds and five exit wounds and

          the cause of death being hemorrhage and shock due to bullet

          wounds, the allegations in the FIR stands corroborated.

          Moreover, this Court finds that the informant has specifically

          named the petitioner among one of the main assailants and

          subsequently,       the apprehended accused          persons   in his

          confessional statement has also taken the name of this petitioner.

          This Court also finds that in the bail application in paragraph ‘4’

          the custody of the petitioner has been stated ‘since 12.02.2024’

          (after striking off 12.02.2025), instead of 12.02.2025, which

          amounts to misleading the Court, however, for a case lodged in

          the year 2025, it cannot be assumed that the petitioner would

          have been in custody since 2024.

                       10. Looking at the antecedents of the petitioner and

          the nature of offences alleged against him, which includes

          Sections 302 and 307 of the Indian Penal Code as well as

          offences under the Arms Act, 1959, as also the fact that the

          petitioner is a named accused in the FIR with allegation of firing

          upon the brother of the informant leading to his death, I am not

          inclined to release the petitioner on bail.
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                                     11. Accordingly, the prayer for bail is rejected.

                                     12. It is made clear that the observation, if any, made

                        in this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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