Patna High Court
Bhirendra Yadav @ Bhirendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner, holding that the evidence on record was insufficient to justify continued detention.
Summary
The petitioner, Bhirendra Yadav, was arrested in connection with a murder case (Parasbigha P.S. Case No. 172 of 2025) alleged under Section 103(1) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleges that unknown miscreants killed the informant’s husband, and the petitioner was implicated solely on a self‑confessional statement made while in police custody, with no eyewitnesses or material evidence linking him to the crime. The petitioner’s counsel argued that the confession is inadmissible, there is no substantive evidence, the petitioner has a clean record, and he has been in custody since 23‑09‑2025. The State and the informant opposed bail, claiming strong suspicion supported by electronic evidence. After considering the submissions, the Court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs 10,000 with two sureties, thereby allowing the bail application.
Issues considered
- Whether bail should be granted to the accused in a murder and arms offence where the only incriminating material is a custodial confession and no eyewitness or physical evidence.
- Whether the custodial confession has evidentiary value sufficient to deny bail.
Legislation cited
Subjects
- bail
- murder
- Arms Act
- custodial confession
- electronic evidence
- suspicion
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7605 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- PARASBIGHA District- Jehanabad
======================================================
Bhirendra Yadav @ Bhirendra Yadav S/o Late Ramlakhan Yadav R/o Village
- Malahchak, P.S - Parasbigha, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Singh, Advocate
For the State : Mr. Anant Kumar 1, APP
For the informant : Mr. Sanjay Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner and learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Parasbigha P.S. Case
No. 172 of 2025 registered for the offences punishable under
Sections 103(1) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, some unknown
miscreants killed the husband of the informant when he had
gone to the agricultural field to irrigate the same. The deceased
sustained a gunshot injury.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the petitioner is not
Patna High Court CR. MISC. No.7605 of 2026(4) dt.09-04-2026
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named in the FIR and he has been made accused in this case
only on the basis of his self confessional statement before police
while he was in police custody, which has got no evidentiary
value. It has also been submitted that there is no eye-witness to
the alleged occurrence of murder. No suspicion was initially
raised against the petitioner; however, after a month, suspicion
was raised against him in connection with a prior dispute. It has
further been submitted that, apart from mere suspicion, there is
no material on record against the petitioner to establish his
complicity in the said occurrence. No incriminating article has
been recovered from the possession of the petitioner. Lastly, it
has been submitted that the petitioner has clean criminal
antecedent and is in custody since 23.09.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner. Learned counsel for the informant has further
submitted that there are strong suspicion against the petitioner
supported with electronic evidence.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.7605 of 2026(4) dt.09-04-2026
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with two sureties of the like amount each to the satisfaction of
learned Court concerned, Jehanabad, in connection with
Parasbigha P.S. Case No. 172 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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