Patna High Court
Raj Kumar @ Raj Kumar Gupta @ ThearnatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Raj Kumar, applied for bail in a case registered under Sections 305 and 331(2) of the B.N.S. 2023, alleging that he was falsely implicated through a co‑accused’s confessional statement, which he contends has no legal evidentiary value. He was not named in the FIR and has been in custody since 4 December 2025. The State opposed the bail application. The Court examined the nature of the offences, the lack of direct evidence against the petitioner, and the inadmissibility of the co‑accused’s confession. Considering these circumstances, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount. The order was pronounced by Justice Ansul.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 305 and 331(2) of the B.N.S. 2023.
- Whether a confessional statement of a co‑accused can be the sole basis for implicating the petitioner.
Legislation cited
- B.N.S., 2023 — s. 305, 331(2)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- evidentiary value
- Sections 305
- Section 331(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14028 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- AMAS District- Gaya
======================================================
Raj Kumar @ Raj Kumar Gupta @ Thearnat Son of Late Ajay Prasad R/o
Village - Chandiasthan, P.S. - Amas, Dist. - Gaya Ji, State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Amas P.S. Case No. 332
of 2025 registered for the offence punishable under Sections-
305, 331(2) of B.N.S. 2023.
3. Allegedly, in absence of the informant, some
unknown miscreants committed theft in his house and it was
noticed by the informant that some belongings of the house
were looted away.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The petitioner is not named in the F.I.R. The name
of the petitioner has transpired in this case on the basis of
confessional statement of the co-accused which has no
Patna High Court CR. MISC. No.14028 of 2026(3) dt.01-04-2026
2/2
evidentiary value in the eye of law. The petitioner is in custody
since 04-12-2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Court
below/concerned Court, Gaya in connection with Amas P.S.
Case No. 332 of 2025.
(Ansul, J)
A.K.V.//-
U T
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