Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court ordered that the petitioners be released on bail.

Summary

Rakesh Kumar and Dharmendra Kumar were arrested in connection with a theft case (Pirpainti P.S. Case No. 451 of 2025) alleged under Section 309(4) and Section 317(2) of the B.N.S., 2023. The prosecution claimed that the accused were involved in a motorcycle theft, while the petitioners asserted that they were falsely implicated and that the FIR was lodged against unknown miscreants. A confessional statement by another accused, Abhiranjan Kumar, named the petitioners, but no material was recovered from them and they had no prior criminal record. The petitioners had been in judicial custody since 24‑11‑2025 and sought bail. After hearing both sides, the Patna High Court granted bail, directing each petitioner to furnish a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioners accused under Section 309(4) and Section 317(2) of the B.N.S., 2023.
Whether the confessional statement of a co‑accused is sufficient to deny bail.
Whether the petitioners' claim of false implication and lack of recovered material warrants bail.

Legislation cited

B.N.S., 2023 — s. 309(4), 317(2)

Subjects

bail
criminal procedure
Section 309
Section 317
confessional statement
false implication
Bihar
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13747 of 2026
                     Arising Out of PS. Case No.-451 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
           1.     Rakesh Kumar S/O Yugal Thakur @ Yugal Kishor Thakur Resident Of
                  Village- Makrandpur, P.s.- Pirpainti, District- Bhagalpur
           2.    Dharmendra Kumar S/O Yugal Thakur @ Yugal Kishor Thakur Resident Of
                 Village- Makrandpur, P.s.- Pirpainti, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyanshu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                Heard learned counsel for the petitioners and learned APP

                   for the State.

                                2. The petitioners have prayed for bail in connection

                   with Pirpainti P.S. Case No. 451 of 2025 registered for the

                   offence punishable under Section 309(4) and added Section

                   317(2) of the B.N.S., 2023.

                                3. The case of the prosecution, in short, is that the

                   informant, along with one Dharmendra Pahadi, was going to the

                   house of the sister of Dharmendra Pahadi in the village of

                   Badgama Pahari with a Passion Pro Hero Motorcycle bearing

                   Regd. No. BR 10AO 2743, and while they were returning,

                   unknown miscreants snatched the bike and mobile.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.13747 of 2026(2) dt.12-03-2026
                                            2/3




          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. He also submits that the FIR was lodged against unknown

          miscreants. During the course of investigation, one Abhiranjan

          Kumar @ Chhotu was apprehended and he has given his

          confessional statement in which he has named these petitioners.

          He also submits that a bike has been recovered from the house of

          Dharmendra Kumar, but that bike is not the subject matter of the

          offence; rather, the bike belongs to the petitioner. He also submits

          that nothing has been recovered from the possession of these

          petitioners. Save and except the confessional statement, there is

          nothing against these petitioners. Moreover, a statement has been

          made in para 3 of the petition that petitioners have no criminal

          antecedent and they are languishing in judicial custody since

          24.11.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioners on bail.         The above named

          petitioners are directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) each with two

          sureties of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.13747 of 2026(2) dt.12-03-2026
                                                       3/3




                     A.C.J.M.-IX, Bhagalpur in connection with Pirpainti P.S. Case No.

                     451 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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