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, was arrested in connection with a theft case (PS Case No. 268 of 2025) involving the alleged stealing of a gas cylinder, cash, and personal documents. The prosecution alleged that the informant’s door lock was broken and the items were missing. The petitioner’s counsel argued that the confession obtained while in police custody was inadmissible under Section 23 of the BSA and that the gas cylinder was never placed on a T.I. parade, also highlighting that the petitioner had already been granted bail in four other cases despite being accused in nine. The State opposed the bail application. Considering the circumstances, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the confession obtained in police custody is admissible under Section 23 of the BSA.
- Whether the petitioner is entitled to bail despite the nature of the offences under Sections 305(a) and 317(2) of the Bhartiya Nayay Sanhita.
- Whether the period of custody and alleged police misconduct warrant the grant of bail.
Subjects
- bail
- police confession
- Section 23 BSA
- theft
- custody
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14761 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Sanjay Kumar @ Neeraj Kumar S/o Devendra Prasad R/o Village- Barah,
P.S.- Kalyan Bigha (Harnaut), District - Nalanda, Presently R/o 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. 268 of 2025 dated 11.06.2025, registered for the
offence under Sections 305(a), 317(2) of the Bhartiya Nayay
Sanhita.
3. As per the prosecution case, the informant after
locking his door went for his duty and when he returned back in
the night, he found the lock of the door broken and upon
entering the room, he found his gas cylinder, clothes, wallet
containing his Aadhar Card, PAN Card, ATM Card and cash of
Rs.5,000.00 missing along with other documents.
4. Learned counsel appearing for the petitioner
submits that in fact the petitioner has been the victim of the
Patna High Court CR. MISC. No.14761 of 2026(2) dt.12-03-2026
2/2
police atrocity and the confession before the police while in
police custody has no evidentiary value in the eye of law and is
hit by Section 23 of BSA. Learned counsel further submits that
the gas cylinder allegedly recovered from the possession of the
petitioner was not put on T.I. parade. Although petitioner is
accused in nine cases, but by now he has been allowed bail in
four cases and he is in custody since 30.06.2025.
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. 268 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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