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Patna High Court

KARAN KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of any material evidence beyond the co‑accused’s confession, the Court held that anticipatory bail is appropriate, subject to the conditions of Section 482(2) of the B.N.S., 2023.

Summary

Karan Kumar, a 21‑year‑old resident of East Champaran, was implicated in a robbery and assault case (PS No.454 of 2024) under Sections 309(4) and 411 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution’s case rests solely on a confessional statement of co‑accused Amanullah, who alleged the petitioner’s involvement; no material evidence or incriminating articles were recovered from the petitioner. The petitioner pleaded innocence, highlighted his clean antecedents, and sought anticipatory bail. The State opposed the bail on the ground of the seriousness of the offences. Considering the lack of substantive evidence and the petitioner’s willingness to cooperate, the Court ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 309(4) and 411 of the B.N.S., 2023 when the only basis of accusation is a co‑accused’s confessional statement.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the conditions prescribed under Section 482(2) of the B.N.S., 2023 are satisfied for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • Section 309
  • Section 411
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78172 of 2025
                  Arising Out of PS. Case No.-454 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Karan Kumar Son of Late Umesh Chaudhary @ Umesh Chaudhari, Resident
                 of Village - Kachahari Tola, P.S.- Turkaulia, District - East Champaran.
                                                                                   ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suraj Kumar Tiwari, Advocate.
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Harsidhi P.S. Case No.454 of 2024 instituted under

                   Sections 309(4), 411 of the B.N.S., 2023.

                                3. As per the prosecution case, when the informant

                   was sitting at his C.S.P. center and doing official work, in the

                   meantime, three miscreants riding on a motorcycle came there

                   and entered in the office and snatched the mobile on the point of

                   gun and also assaulted him.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case only on the basis of confessional statement made by the co-

                   accused Amanullah who is co-villager of the petitioner. He

                   further submits that the petitioner has no connection with the

                   other co-accused persons of this case and with the ulterior
              Patna High Court CR. MISC. No.78172 of 2025(2) dt.05-01-2026
                                                          2/2




                        motive, the name of petitonier has been implicated in this case.

                        Learned counsel submits that except the confessional statement

                        of the co-accused, there is no material against the petitioner and

                        no incriminating article has been recovered from the conscious

                        possession of petitioner. He further submits that petitioner is a

                        young boy of 21 years, having got clean antecedent and he

                        undertakes to cooperate in the trial and investigation of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case

                        and submissions of learned counsel for the parties, in the event

                        of arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned J.M. 1st Class, East Champaran, Motihari in connection

                        with Harsidhi P.S. Case No.454 of 2024, subject to the

                        conditions laid down in Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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