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Patna High Court

Halchal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                        3/3




                                   (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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