Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Niranjan Kumar, applied for regular bail in a case registered under sections 281, 304, 3(5) and later 317(2) of the Bihar Negotiable Instruments Act, alleging that the FIR was lodged against unknown miscreants. The prosecution alleged that three unknown persons snatched Rs. 97,000 from the informant, and a confessional statement by an apprehended suspect named the petitioner. The petitioner’s counsel argued that the only material against him is the confessional statement and that Rs. 10,000 recovered from his possession is his salary, with no other evidence and no TIP conducted. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being named in a confessional statement.
- Whether the recovery of Rs.10,000 from the petitioner’s possession justifies denial of bail.
- Whether the lack of a TIP and other substantive evidence warrants granting bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 281, 304, 317(2), 3(5)
Subjects
- regular bail
- confessional statement
- Bihar Negotiable Instruments Act
- sections 281, 304, 317
- judicial custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12042 of 2026
Arising Out of PS. Case No.-455 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Niranjan Kumar S/O Akhilesh Ram @ Aklesh Ram R/O Village- Mangal
Bigha, P.S- Amba, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 281, 304
and 3(5) of BNS and later on Section 317(2) of BNS was added.
3. The case of the prosecution is that three unknown
miscreants have snatched Rs. 97,000/- from the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants. During course of investigation,
one Prince was apprehended and he has given his confessional
statement and he has named this petitioner. It has also been
submitted that from the possession of this petitioner, altogether
Patna High Court CR. MISC. No.12042 of 2026(2) dt.10-03-2026
2/2
Rs. 10,000/- was recovered and regarding that learned counsel
has submitted that the same belongs to the petitioner as he is
also working in the same company where the informant works
and this is his salary amount. No TIP has been conducted. Save
and except confessional statement, there is nothing against him.
Moreover, he is languishing in judicial custody since
05.11.2025. Learned counsel has also submitted that petitioner
is having criminal antecedent of four cases which has been
brought by her through supplementary affidavit.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rafiganj P.S. Case No. 455 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Aurangabad.
(Ashok Kumar Pandey, J)
shubham/-
U T
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