Patna High Court
Sanjay Kumar @ Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sanjay Kumar, applied for bail in a case registered under Sections 305(a) and 317(2) of the Bhartiya Nayay Sanhita concerning a burglary and theft. The prosecution alleged that unknown thieves broke into an informant's house and stole items, and the petitioner was implicated solely based on a confessional statement made in police custody in an unrelated case. No material was recovered from the petitioner or his residence, and he is not named in the FIR. The petitioner is already in custody since 13 June 2025 and faces multiple other charges, three of which he is out on bail. Considering the lack of direct evidence, the absence of recovery, and the period of custody, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 305(a) and 317(2) of the Bhartiya Nayay Sanhita given the circumstances of his implication.
- Whether the confessional statement made in another case can justify continued detention in the present case.
Subjects
- bail
- criminal procedure
- Section 305
- Section 317
- confessional statement
- non-appearance in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14377 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Sanjay Kumar @ Neeraj Kumar Son of Devendra Prasad Resident of Village-
Barah, P.S.- KIalyan Bigha (Harnaut), District- Nalanda, present residing at
Mohalla- Patel Nagar, P.S.- Harnaut, District- Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ranvijay Singh, Advocate
For the Opposite Party : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Laheri
P.S. Case No. 259 of 2025 dated 04.06.2025, registered for the
offence under Sections 305(a), 317(2) of the Bhartiya Nayay
Sanhita.
3. As per the prosecution case, some unknown thieves
break open the lock of the house of the informant and stolen his
lap top, his bag and files, which contained his educational
documents and that of his brother and his relatives, laptop
charger and water bottle.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR and he has
been implicated in this case on the basis of confessional
Patna High Court CR. MISC. No.14377 of 2026(2) dt.12-03-2026
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statement before police while in police custody in some other
case, nothing has been recovered either from possession of the
petitioner or from his house and charge-sheet has been
submitted in this case, moreover charges have also been framed
and although he is accused in eight cases, in three of them he is
on bail and he is in custody since 13.06.2025.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, let the, above named, petitioner 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 Chief Judicial Magistrate, Biharsharif,
Nalanda, in connection with Laheri P.S. Case No. 259 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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