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Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to pre‑arrest bail.

Summary

The petitioner, Sudhir Kumar, sought pre‑arrest bail in a theft case (Barh P.S. Case No. 415 of 2024) involving alleged violations of Sections 461, 379 and 414 of the Indian Penal Code. The FIR alleged that rice bags were stolen from a godown and that the petitioner was implicated based on a confessional statement of co‑accused Rajesh Kumar, from whose possession the stolen articles were recovered. The petitioner claimed innocence, a clean antecedent, and argued that the allegation rested solely on the co‑accused’s confession. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, found that the petitioner had made out a prima facie case for bail, noting the clean antecedent and the reliance on a confessional statement, and therefore directed that he be released on pre‑arrest bail subject to a bond and sureties under Section 482(2) of the BNSS.

Issues considered

  • Whether pre‑arrest bail can be granted when the petitioner’s involvement is alleged solely on the basis of a co‑accused’s confessional statement.
  • Whether the petitioner’s clean antecedent and lack of prior cases justify bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • pre‑arrest bail
  • Indian Penal Code
  • Theft
  • confessional statement
  • clean antecedent
  • Section 482
  • BNSS
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16321 of 2026
                          Arising Out of PS. Case No.-415 Year-2024 Thana- BARH District- Patna
                 ======================================================
                 Sudhir Kumar, S/o Ramdeo Prasad, Resident of Village - 09 Bazitpur
                 (Bhawani Chowk), P.O - Barh, P.S - Barh, District - Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajiv Ranjan, Advocate
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   30-04-2026                    Heard Mr. Rajiv Ranjan, learned counsel appearing

                   on behalf of the petitioner and Dr. Kumar Uday Pratap, learned

                   APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Barh P.S. Case No. 415 of 2024, registered for the offence

                   punishable under Sections 461, 379 and 414 of the Indian Penal

                   Code.

                                3. As per the allegation made in the FIR, on

                   15/06/2024, one Himanshu Raj, Assistant Manager of C.M.R.

                   Nalanda, reported that the shutter of a godown was found open

                   and several rice bags were missing. During investigation, police

                   seized 14 bags of rice along with vehicles, which were

                   identified as belonging to Patel Agro Industries Pvt. Ltd. One

                   co-accused, Rajesh Kumar, was arrested and disclosed that the
Patna High Court CR. MISC. No.16321 of 2026(3) dt.30-04-2026
                                            2/3




          theft was committed at the instance of Sudhir Kumar, a rice

          shop owner from Barh.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and he has falsely

          been implicated in the present case. Name of the petitioner has

          surfaced on the basis of confessional statement made by co-

          accused Rajesh Kumar, from whose possession stolen articles

          were recovered. Petitioner has clean antecedent. On these

          grounds, petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that the name of the petitioner

          has surfaced on the basis of confessional statement made by co-

          accused Rajesh Kumar, from whose possession stolen articles

          were recovered. Petitioner has clean antecedent. I am of the

          opinion that petitioner has, prima facie, made out a case to be

          released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
              Patna High Court CR. MISC. No.16321 of 2026(3) dt.30-04-2026
                                                          3/3




                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned District Court where the

                        case is pending, in connection with Barh P.S. Case No. 415 of

                        2024, subject to the condition as laid down under Section 482(2)

                        of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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