Patna High Court
Halchal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of any material evidence other than the petitioners' confessional statements, the court held that they are entitled to regular bail under Section 309(2) of the BNS despite their criminal antecedents.
Summary
Halchal Kumar and Saroj Kumar were arrested in connection with a theft of Rs 1 lakh, an Aadhaar card and a bike key, the FIR initially naming unknown miscreants. During investigation a spy identified the petitioners, after which they gave confessional statements, and no other material evidence or recovered items were found. The petitioners, who have been in judicial custody since 6 February 2025, sought regular bail under Section 309(2) of the BNS, claiming innocence and lack of evidence beyond their confessions. The State opposed bail, highlighting the petitioners’ fourteen prior criminal convictions. The Court, after considering the absence of substantive evidence apart from the confessional statements and the principles of bail, decided to grant regular bail with a bond of Rs 10,000 each and specific conditions. The order also required the petitioners to cooperate with the trial, appear on all dates, have a close relative as a bailor, and mark weekly attendance at the Saharsa police station.
Issues considered
- Whether the petitioners are entitled to regular bail under Section 309(2) of the BNS despite their confessional statements and prior criminal antecedents.
- Whether the existence of fourteen prior convictions justifies denial of bail in the present case.
Legislation cited
- BNS — s. 309(2)
Subjects
- regular bail
- confessional statement
- criminal antecedents
- Section 309(2)
- judicial custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23047 of 2026
Arising Out of PS. Case No.-18 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
1. Halchal Kumar Son of Mohit Chand Yadav @ Mohi Chand Yadav@ Mohi
Chandra Yadav Resident of Village - Parmanandpur, Ward No.- 12, Police
Station - Murliganj, District - Madhepura
2. Saroj Kumar Son of Lalan Yadav Resident of Village - Tilkora, Ward No.-
13, Police Station - Murliganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 309(2)
of BNS.
3. The case of the prosecution is that unknown
miscreants have snatched one lakh rupees, adhaar card and the
key of the bike of the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that the FIR
was lodged against unknown miscreants. During course of
Patna High Court CR. MISC. No.23047 of 2026(2) dt.08-04-2026
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investigation, the spy has disclosed the name of the petitioners.
After that, they have given their confessional statement. He has
further submitted that save and except self confessional
statement of the petitioners, there is nothing against them. No
recovered has been made from their possession. Moreover, they
are languishing in judicial custody since 06.02.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and has submitted that petitioners are
having fourteen criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Barhara Kothi P.S. Case No. 18 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-X, Purnea with following
conditions:-
(i) The petitioners shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
(ii) One of the bailors should be close relative of the
petitioners.
Patna High Court CR. MISC. No.23047 of 2026(2) dt.08-04-2026
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(iii) Petitioners are also directed to mark their weekly
attendance at Pastpar (Saharsa) P.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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