Patna High Court

Amit KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, finding no material evidence beyond the co‑accused’s confession to justify continued detention.

Summary

The petitioner, Amit Kumar, applied for bail in a case (Banka P.S. Case No. 472 of 2025) involving alleged offences under Sections 303(2), 111(2) and 317(2) of the B.N.S. The prosecution alleged that a stolen bike belonged to an unknown miscreant and that the petitioner was implicated only through a confessional statement of co‑accused Mithlesh Kumar. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that a similarly situated co‑accused had already been granted bail. The State opposed the bail application. After hearing both sides, the Court found no substantive material against the petitioner beyond the co‑accused’s confession and, relying on the earlier bail order, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite being named only in a co‑accused’s confessional statement.
Whether the nature of the offences under Sections 303(2), 111(2) and 317(2) of the B.N.S. warrants denial of bail.
Whether the precedent of granting bail to a similarly situated co‑accused is applicable.

Legislation cited

B.N.S. — s. 111(2), 303(2), 317(2)

Subjects

bail
criminal procedure
confessional statement
co‑accused
Section 303
Section 111
Section 317
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14961 of 2026
                        Arising Out of PS. Case No.-472 Year-2025 Thana- BANKA District- Banka
                 ======================================================
                 Amit Kumar S/o Tinku Kumar Mandal @ Tiku Kumar Mandal Resident Of
                 Village- Jamdaha, Ps- Jamdaha, Dist- Banka
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash Dwivedi, Advocate
                                                  Mr. Subodh Raj, Advocate
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Banka P.S. Case No. 472 of 2025 registered for the offence

                   punishable under Sections 303(2), 111(2) and 317(2) of B.N.S.

                                 3. The case of the prosecution, in short, is that the

                   bike of the informant was stolen by unknown miscreants.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The F.I.R. was lodged against unknown miscreants.

                   During course of investigation, one Mithlesh Kumar has given

                   his confessional statement and the name of this petitioner has

                   surfaced in the confessional statement of Mithlesh Kumar. It

                   has further been submitted that the recovery, if any, was made
            Patna High Court CR. MISC. No.14961 of 2026(2) dt.25-02-2026
                                                        2/2




                      from the possession of Mithlesh Kumar. It has also been

                      submitted that save and except the confessional statement of

                      co-accused, there is nothing against the petitioner. It is further

                      submitted that similarly situated co-accused has already been

                      granted bail by a bench of this Court vide order dated

                      17.02.2026 passed in Cr. Misc. No. 8663 of 2026. He is having

                      no criminal antecedent and he is languishing in judicial custody

                      since 18.10.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the application for bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned Chief

                      Judicial Magistrate, Banka in connection with Banka P.S. Case

                      No. 472 of 2025.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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