Patna High Court

Om Prakash Kumar @ Chhati Kumar @ Chhotiya YadavversusThe State of Bihar

Decided: 2 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Om Prakash Kumar, was arrested in connection with a bike theft case (PS Case No. 439 of 2025) alleged under Section 303(2) of the Bharatiya Nyaya Sanhita. The prosecution's case rests on a confessional statement by co-accused Md. Kaif, who claimed the petitioner directed the theft for monetary gain, though the stolen bike was not recovered. The petitioner argued that apart from the co-accused's confession, there is no direct evidence against him and that he has been in judicial custody since 16 January 2026. The State opposed bail, highlighting the petitioner's three prior criminal cases. After hearing both sides, the court granted bail with conditions, including a bail bond of Rs.10,000, two sureties, a near relative as bailor, and the requirement that the petitioner cooperate and appear in court as needed.

Issues considered

Whether bail should be granted in a case punishable under Section 303(2) of the Bharatiya Nyaya Sanhita despite a co-accused's confessional statement implicating the petitioner.
Whether the petitioner's prior criminal antecedents justify denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 303(2)

Subjects

bail
criminal procedure
Section 303(2)
confessional statement
prior criminal antecedents
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20792 of 2026
                    Arising Out of PS. Case No.-439 Year-2025 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Om Prakash Kumar @ Chhati Kumar @ Chhotiya Yadav S/O Krishna Yadav
                 Resident of Village- Chatrea, P.S.- Phesar, District- Aurangabad.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Aurangabad (Muffasil) P.S. Case No.439 of 2025 registered for the

                   offence punishable under Section 303(2) of the Bharatiya Nyaya

                   Sanhita (in short ‘B.N.S.’).

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

                   miscreants have stolen the bike of the informant.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that during course of investigation one Md. Kaif

                   was apprehended and he has given his confessional statement. It

                   has further been submitted that the learned trial court has recorded

                   that the said Md. Kaif had confessed before the I.O. that he has

                   been doing the aforesaid crime at the instance of the petitioner to

                   get a part of money on each and every crime. Learned counsel for

                   the petitioner has further submitted that the bike was not recovered
            Patna High Court CR. MISC. No.20792 of 2026(2) dt.02-04-2026
                                                        2/2




                      from the possession of this petitioner. Save and except the

                      confessional statement there is nothing against him. Learned

                      counsel for the petitioner has further submitted that the petitioner

                      is in judicial custody since 16.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has further stated that the petitioner is

                      having criminal antecedent of three 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 with the condition that

                      one of the bailor should be near relative of the petitioner; the

                      petitioner shall co-operate in the trial and the petitioner shall

                      remain physically present on each and every date in the trial

                      court whenever required. 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 court of learned C.J.M., Aurangabad in

                      connection with Aurangabad (Muffasil) P.S. Case No.439 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…