Patna High Court
Niraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Niraj Singh, applied for regular bail in a case registered under section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was not named in the FIR and was falsely implicated through the confessional statement of co‑accused Kedar Yadav. The FIR concerned a robbery and vehicle theft where a boulder was placed on the road to stop the informant's pickup. The court noted that the petitioner had been in custody since 24‑09‑2025, that the chargesheet had been filed, and that no incriminating material was recovered from him. Considering the prolonged detention of more than five months and the lack of direct evidence against him, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Chief Judicial Magistrate, Jamui.
Issues considered
- Whether the petitioner is entitled to regular bail under section 309(4) of the Bharatiya Nyaya Sanhita, 2023 despite being mentioned only in a co‑accused's confessional statement.
- Whether the prolonged pre‑trial detention of over five months warrants the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- section 309(4)
- Bharatiya Nyaya Sanhita
- confessional statement
- chargesheet
- pre‑trial detention
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14010 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- CHANDRAMANDI District- Jamui
======================================================
Niraj Singh Son of Sailendra Singh Resident of Village- Ujhandi, P.S.- Jamui,
District- Jamui (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chandramandi P.S. Case
no.178 of 2025 registered under section 309(4) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, while the informant
was proceeding on his pick up van, his vehicle was stopped by
4-5 unknown accused persons by placing a boulder on the road.
Thereafter it is stated that the informant and others were looted
and the accused took away the pick up vehicle and the mobile
phone of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The FIR was registered
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against four unknown. The petitioner was falsely implicated in
the case in course of investigation in the confessional statement
of a co-accused Kedar Yadav @ Khesari Lal Yadav who has
himself been enlarged on bail vide order dated 20.2.2026 passed
in Cr. Misc. no.10280 of 2026. It is further submitted that no
incriminating article has been recovered from the petitioner’s
possession and the vehicle of the informant was recovered on
the same day. The petitioner is in custody since 24.9.2025 and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as is evident from
the order of the learned trial Court, the name of the petitioner
transpiring in the confessional statement of Kedar Yadav who
has himself been enlarged on bail vide order dated 20.2.2026,
the petitioner having remained in custody for more than 5
months since 24.9.2025 and chargesheet having been submitted
in the case, the Court directs the petitioner to be enlarged on bail
in connection with Chandramandi P.S. Case no.178 of 2025 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
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two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Jamui.
(Partha Sarthy, J)
Saurabh/-
U T
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