Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that suspicion arising solely from a co-accused’s confessional statement, without any incriminating material, is insufficient to deny bail and therefore granted bail to the petitioner.
Summary
Manish Kumar, the petitioner, was not named in the FIR relating to a theft of valuables worth Rs.2 lakh registered under Sections 457 and 380 of the Bhartiya Nyaya Sanhita, 2023. He was implicated solely on the basis of a confessional statement made by a co-accused, Mithilesh Kumar, who alleged that the stolen jewelry was sold and the proceeds distributed among the accused, including the petitioner. No physical or documentary evidence was recovered against the petitioner. The petitioner applied for bail, arguing that the suspicion arising from the co-accused’s statement alone was insufficient to justify detention. The Additional Public Prosecutor opposed bail, but the court held that mere suspicion without incriminating material does not warrant denial of bail. Accordingly, the court directed the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- What is the adequacy of a co-accused’s confessional statement as the sole basis for denying bail?
- Whether the absence of any incriminating material against the petitioner justifies granting bail under Section 438 CrPC and Section 482 BNSS.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 380, 457
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- confessional statement
- suspicion
- criminal procedure
- Section 438 CrPC
- Section 482 BNSS
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- evidence
- co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10853 of 2026
Arising Out of PS. Case No.-545 Year-2023 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Manish Kumar, son of Lal Bhadhur Sah, Resident of Village-Belari P.S.
-Ujiyarpur, District- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Muffasil P.S.
Case No.545 of 2023 registered under Sections 457 and 380
of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. As per FIR, some unknown persons committed
theft in the house of brother-in-law of the informant and
stolen valuables and gold jewelry worth of Rs.2 lakhs.
4. It is submitted by learned counsel appearing for
petitioner that during the course of investigation, one co-
accused Mithilesh Kumar was apprehended by the police,
who, out of his confessional statement, named this petitioner.
Patna High Court CR. MISC. No.10853 of 2026(2) dt.24-02-2026
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It is submitted that no incriminating material appears
recovered even from apprehended co-accused persons and
merely on the basis of his statement that he sold the stolen
jewelry and distributed cash amongst themselves including
petitioner, he was implicated with present case. It is
submitted by learned counsel that petitioner was involved in
one more case of similar nature with same police station and
therefore, out of suspicion he was also implicated with present
case on the basis of confessional statement of apprehended
co-accused, without having any incriminating material.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as save and except suspicion arising out of
confessional statement of co-accused prima facie nothing
incriminating appears against petitioner, accordingly, the
petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.10853 of 2026(2) dt.24-02-2026
3/3
learned Chief Judicial Magistrate, Samastipur in connection
with Muffasil P.S. Case No.545 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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