Patna High Court

Madhurendra KumarversusThe State of Bihar

Decided: 31 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail in the robbery case.

Summary

Madhurendra Kumar was arrested in connection with a robbery (Sections 392, 34 and 395 IPC) involving the theft of gold, silver, cash and other items. The FIR named unknown miscreants, but co‑accused Rahul Kumar and Dilip Kumar Thakur, in their confessional statements, implicated the petitioner, although no material was recovered from him. The petitioner argued that he is innocent, has not been placed on a T.I.P., and has been in judicial custody since 7 January 2026. The State opposed bail, citing two prior criminal cases against the petitioner. After considering the lack of direct evidence, the absence of any seized property, and the petitioner’s prolonged custody, the Court decided to enlarge bail on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the confessional statements of co‑accused and alleged criminal antecedents

Legislation cited

Indian Penal Code — s. 34, 392, 395

Subjects

bail
robbery
IPC
confessional statement
judicial custody
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20524 of 2026
                    Arising Out of PS. Case No.-23 Year-2024 Thana- PATAHI District- East Champaran
                 ======================================================
                 Madhurendra Kumar, Son of Ajay Mahto, Resident of village - Ratansayar,
                 P.S.- Patahi, District - 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 :       Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Patahi P.S. Case No. 23 of 2024 registered for the offence

                   punishable under Sections 392 and 34 of the Indian Penal Code

                   and subsequently converted under Section 395 of the I.P.C.

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

                   unknown miscreants snatched gold ornaments weighing 200

                   gms and silver ornaments weighing 5 Kg. from the informant on

                   gun point. It is further alleged that they also snatched mobile

                   phone of the informant, his gold ring and gold chain and keys of

                   jewellery shop and also took rupees twenty-twenty five

                   thousand in cash from the informant.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20524 of 2026(2) dt.31-03-2026
                                            2/3




          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, Rahul Kumar and Dilip Kumar

          Thakur were apprehended. They have given their confessional

          statement. The name of this petitioner has surfaced in their

          confessional statement. It has further been submitted that

          nothing has been recovered from his possession. Save and

          except the confessional statement of co-accused, there is

          nothing against him. It has also been submitted that co-accused

          Dilip Kumar Thakur and Rahul Kumar have been granted bail

          by learned Co-ordinate Bench of this Court vide Cr. Misc. No.

          46475 of 2024. Petitionr was never put on T.I.P. Moreover, he is

          languishing in judicial custody since 07.01.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of two cases.

                       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
             Patna High Court CR. MISC. No.20524 of 2026(2) dt.31-03-2026
                                                         3/3




                       of the like amount each to the satisfaction of the learned

                       Judicial Magistrate 1st Class, Motihari, East Champaran in

                       connection with Patahi P.S. Case No. 23 of 2024.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T

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