Patna High Court
Durgesh kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Durgesh Kumar was arrested on 25 October 2025 in connection with a robbery‑theft case (P.S. Case No. 442 of 2025) and charged under Sections 309(5) and 109 of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case is based mainly on the confessional statement of a co‑accused, with no other material linking the petitioner to the offence, and the police have not conducted a thorough investigation (no TIP). The petitioner contended that he was falsely implicated, that his name was added to the FIR only after the co‑accused’s confession, and that there is no substantive evidence against him. The State opposed bail, citing a prior criminal antecedent of the petitioner. The Court, after considering the lack of corroborative evidence and the principles of bail, ordered the petitioner’s release on bail of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and directed verification of his criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Sections 309(5) and 109 of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act.
- Whether the confessional statement of a co‑accused alone suffices to justify denial of bail.
- Whether the petitioner’s prior criminal antecedent bars the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 309(5)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- Arms Act
- Bharatiya Nyay Sanhita
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30587 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Durgesh kumar S/o Kishundeo Sah @ Krishandev Sah R/o Village - Dhatta
Tol, Mahthaur, P.S. - Phulpara, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Hriday Narayan Harshit, learned
counsel for the petitioner as well as Mr. Akshay Lal Pandit,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.10.2025 in connection with Phulparas P.S. Case No. 442 of
2025, F.I.R. dated 24.10.2025 for the offences punishable under
Sections 309(5) and 109 of the Bharatiya Nyay Sanhita, 2023
and 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 23.10.2025 at about 6.15 P.M when he was
returning home, then on his way, three miscreants on a
motorcycle stopped him and threatened him and asked for his
Patna High Court CR. MISC. No.30587 of 2026(2) dt.06-05-2026
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money and mobile phone.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Initially the petitioner was not named in the FIR
and his name transpired on the basis of confessional statement
of co-accused, namely, Ravishankar Yadav @ Ranjeet Yadav
and except the aforesaid, no other cogent material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence and till date no TIP has been
conducted by the prosecution. He further submits that the police
after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 25.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M-
II, Jhanjharpur, Madhubnai in connection with Phulparas P.S.
Case No. 442 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.30587 of 2026(2) dt.06-05-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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