Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Vishal Kumar, sought bail in a case (PS Ghorasahan Case No. 363 of 2025) involving alleged offences under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 relating to stolen motorcycles. The prosecution’s case relied on a secret tip and the confession of a co‑accused, Krishna Prakash Kumar Kushwaha, who implicated the petitioner, though no stolen property was found in the petitioner’s possession and he had no prior criminal record. The petitioner’s counsel argued that the co‑accused’s confession has no evidentiary value and that the petitioner is innocent. The State opposed bail. Considering the lack of material evidence against the petitioner, his clean record and the period of custody already endured, the court granted bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the confession of a co‑accused can be the sole basis for denying bail to the petitioner
Whether the absence of recovered stolen property and the petitioner’s clean record warrant the grant of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5), 3(5)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
confession of co‑accused
stolen motorcycle
evidentiary value
no prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14764 of 2026
                      Arising Out of PS. Case No.-363 Year-2025 Thana- GHORASAHAN District- East
                                                        Champaran
                 ======================================================
                 Vishal Kumar S/o Ramasish Ray R/o Village- Kaswa Kadamwa, P.S-
                 Ghorashan, Dist- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                                  Mr. Harsha Shashwat, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Ghorasahan P.S. Case No. 363 of 2025 instituted for the

                   offences under Sections 317(4), 317(5), 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. Prosecution case, in short, is that on 30.10.2025,

                   police, on the basis of secret information apprehended co-

                   accused with a stolen motorcycle. The apprehended co-accused,

                   on interrogation, confessed his involvement in a gang of stealing

                   and selling motorcycles and on his disclosure another

                   motorcycle was recovered from a warehouse at Veerta Chowk

                   and three accused persons were also apprehended including the
Patna High Court CR. MISC. No.14764 of 2026(2) dt.25-02-2026
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          petitioner.

                      4. Learned counsel for the petitioner submitted that the

          petitioner is innocent and has falsely been implicated in the

          present case. The name of the petitioner transpired in this case

          on the basis of confessional statement of co-accused Krishna

          Prakash Kumar Kushwaha which has no evidentiary value in the

          eye of law. No incriminating/looted article has been recovered

          from the conscious possession of the petitioner. Learned counsel

          further submitted that petitioner has got no concern with the

          recovered motorcycle. It is further submitted that the recovery

          of the stolen motorcycle has been made from the co-accused

          Krishna Prakash Kumar Kushwaha. It has been submitted on

          behalf of the petitioner that the petitioner is in custody since

          02.11.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.14764 of 2026(2) dt.25-02-2026
                                                       3/3




                     below/concerned Court            in connection with Ghorasahan P.S.

                     Case No. 363 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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