Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Arjun Kumar was arrested in connection with a theft of Rs.1.5 lakh and an Aadhar card, charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, noting that his name did not appear in the FIR and that the only basis for the charge was his own confessional statement and that of a co‑accused, with no incriminating material recovered from him. The petitioner also highlighted the lack of any criminal antecedent, the prolonged custody since 12 May 2025, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering these circumstances, the Court granted bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants the grant of bail.
- Whether the reliance on confessional statements of the petitioner and a co‑accused, without recovery of the stolen articles, is sufficient to justify continued detention.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- theft
- confessional statement
- procedural compliance
- Section 309
- Section 103
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12341 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Arjun Kumar S/O Ram Chandra Ram R/O Village - Rampur Bedauliya @
Narayanpur Bedauliya, P.S- Goraul, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Advocate
For the Opposite Party/s : Mr.Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Goraul
P.S. Case No. 77 of 2025, instituted for the offences under
Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioner and
other accused persons took away Rs. 1.5 Lac from the cash
counter of CSC PNB Branch, Goraul (Vaishali) as well as
Aadhar card of the informant.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Chargesheet has been submitted against the petitioner.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of self-confessional statement
of the petitioner and confessional statement of co-accused
Chandan Kumar before the Police, which has no evidentiary
Patna High Court CR. MISC. No.12341 of 2026(2) dt.12-03-2026
2/2
value in the eye of law. No incriminating/looted article has been
recovered from the conscious possession of the petitioner.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by a Co-ordinate Bench of this
Court vide order dated 15.10.2025 passed in Cr. Misc. No.
48962 of 2025. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 12.05.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Goraul P.S. Case
No. 77 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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