Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Indian Penal Code — s. 379, 414, 461
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
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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
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(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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