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Patna High Court

Rajesh Yadav @ Tufan @ Rajesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, subject to verification of his criminal antecedents.

Summary

Petitioner Rajesh Yadav was arrested in connection with a shooting alleged under Section 103 of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The FIR was based on an informant’s claim that his brother was shot, with the informant initially stating that co‑accused Shushil fired the shot, while Shushil’s confessional statement accused the petitioner of firing. No prosecution witnesses had been examined and only charges were framed, with the petitioner remaining in judicial custody since 24‑04‑2025. The petitioner sought regular bail, arguing innocence and the lack of evidentiary value of the co‑accused’s confession. The State opposed bail, citing the petitioner’s multiple criminal antecedents and the confessional statement. The Court, after considering the circumstances, granted regular bail on a bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents, and ordered cancellation of bail if more than three antecedents were found.

Issues considered

  • Whether the petitioner is entitled to regular bail despite a confessional statement by a co‑accused implicating him.
  • Whether the petitioner’s alleged multiple criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • criminal antecedent
  • Arms Act
  • Section 103
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7416 of 2026
                     Arising Out of PS. Case No.-89 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Rajesh Yadav @ Tufan @ Rajesh Kumar S/O Ramkrit Yadav Resident of
                 Village- Lavari, P.S.-Rafiganj, District- Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   12-05-2026                 Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 103 of BNS

                   and Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that

                   informant received information that somebody has fired at his

                   brother Abhishek. While he was being rushed to hospital, it is

                   submitted in the FIR that the brother of the informant disclosed

                   the informant that one Shushil has fired at him.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has been submitted from perusal of the

                   FIR it is clear that allegation of firing is against co-accused
Patna High Court CR. MISC. No.7416 of 2026(4) dt.12-05-2026
                                            2/3




          Shushil. During course of investigation Shushil has given his

          confessional statement and in his confessional statement, he has

          stated that the petitioner has fired at the deceased. There are two

          versions of the prosecution: First is that according to the

          informant, co-accused Shushil has fired whereas according to

          Shushil, this petitioner has fired. The statement of the co-

          accused is merely a confessional statement which has got no

          legal value in the eye of law. Learned counsel has further

          submitted that in this case till today only charges have been

          framed and no prosecution witness has been examined.

          Moreover, the petitioner is languishing in judicial custody since

          24.04.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail. Learned counsel for the informant has stated that

          in Para-3 of the bail petition of the petitioner, it is mentioned

          that petitioner is having three criminal antecedent whereas

          petitioner has many more antecedent. He has further submitted

          that during investigation Shushil kumar has given his

          confessional statement and he has stated in his confessional

          statement that this petitioner has fired at the deceased.

                  6. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.7416 of 2026(4) dt.12-05-2026
                                                        3/3




                      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 released on bail in connection with

                      Rafiganj P.S. Case No. 89 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned I/C C.J.M., Aurangabad with

                      a condition that while accepting the bail bond of the

                      petitioner, learned trial court is directed to verify his

                      criminal antecedent and if it is found that he is having more

                      than three criminal antecedents, his bail bonds will be

                      cancelled.



                                             (Ashok Kumar Pandey, J)
Shubham/-
Rohit/-

U     T


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