Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dilkhush Kumar, applied for bail in a case (Banka P.S. Case No.585 of 2025) where he was accused under Section 303(2) of the BNS for the theft of an informant’s bike. The prosecution alleged that unknown miscreants stole the bike and that CCTV footage and a co‑villager’s identification linked the petitioner to the crime, along with a confessional statement he gave to police. The petitioner contended that no physical evidence was recovered from his possession and that he had been in judicial custody since 28‑01‑2026. The State opposed the bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The bail was ordered to be executed before the Chief Judicial Magistrate, Banka.
Issues considered
- Whether bail should be granted to the accused under Section 303(2) of the BNS in view of CCTV identification and a confessional statement but absence of recovered material evidence.
Legislation cited
- BNS — s. 303(2)
Subjects
- bail
- Section 303(2)
- CCTV evidence
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23103 of 2026
Arising Out of PS. Case No.-585 Year-2025 Thana- BANKA District- Banka
======================================================
Dilkhush Kumar S/o- Pappu Yadav Resident of Merha P.S- Kaoriya, Dist-
banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Banka P.S. Case No.585 of 2025 registered for the offence
punishable under Section 303(2) of the BNS.
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 name of this petitioner has surfaced
in this case on the basis of CCTV footage. A co-villager
disclosed informant that he has identified the petitioner in
CCTV footage. Save and except petitioner has also given his
confessional statement before police. It has further been
submitted that nothing has been recovered from the possession
Patna High Court CR. MISC. No.23103 of 2026(2) dt.08-04-2026
2/2
of this petitioner. Save and except his confessional statement
there is nothing against him. Learned counsel for the petitioner
has further submitted that the petitioner is in judicial custody
since 28.01.2026.
5. The application for bail is opposed by learned APP
for the State.
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
of the like amount each to the satisfaction of the court of learned
Chief Judicial Magistrate, Banka in connection with Banka P.S.
Case No.585 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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