Patna High Court
Rajesh Yadav @ Tufan @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103
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
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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
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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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