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Patna High Court

Bhirendra Yadav @ Bhirendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                          3/3




                        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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