Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case registered under Section 392 of the Indian Penal Code for allegedly robbing an informant of a mobile phone and a bike at gunpoint. The prosecution's case relied solely on a confessional statement of a co-accused, Subhash Sahani, who named the petitioner, with no material recovered or any other evidence linking the petitioner to the offence. The petitioner argued innocence, stating the FIR was lodged against unknown miscreants and that he had been in judicial custody since 15‑12‑2025. The State opposed bail, citing the petitioner’s prior criminal antecedent. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner in a robbery case under Section 392 IPC when the only evidence is a co-accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- regular bail
- robbery
- Section 392 IPC
- confessional statement
- co-accused
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17174 of 2026
Arising Out of PS. Case No.-195 Year-2023 Thana- HARSIDHI District- East Champaran
======================================================
Ranjan Kumar S/o- Puran Prasad R/v- Kobeya Ps- Harsidhi Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 392 of Indian
Penal Code.
3. The case of the prosecution is that the petitioner
along with others has taken away mobile phone and bike of the
informant on gun point.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants. During course of investigation,
one Subhash Sahani has given his confessional statement and he
has named this petitioner. Nothing has been recovered from the
Patna High Court CR. MISC. No.17174 of 2026(2) dt.23-03-2026
2/2
possession of this petitioner and no TIP has been conducted.
Save and except confessional statement of co-accused, there is
nothing against this petitioner. Moreover, the petitioner is
languishing in judicial custody since 15.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having one criminal antecedent.
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 released on bail in connection with
Harsidhi P.S. Case No. 195 of 2023 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Motihari, East Champaran.
(Ashok Kumar Pandey, J)
shubham/-
U T
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