Patna High Court

Gyanendra Kumar @ TinkuversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner with conditions of weekly police attendance and a bail bond.

Summary

The petitioner, Gyanendra Kumar, was implicated in a case registered under Sections 395 and 397 of the Indian Penal Code for alleged dacoity and robbery. He contended that the FIR was lodged against unknown miscreants and that he was only named in the confessional statements of co‑accused Md. Nizam and Amit Kumar, both of whom had previously been granted bail. The State opposed the bail application, highlighting the petitioner's seven prior criminal convictions. The court examined the lack of direct evidence against the petitioner apart from the confessional statements and considered the precedent of bail granted to the co‑accused. It concluded that the petitioner was eligible for regular bail, subject to weekly attendance at Bajpatti Police Station and a bail bond of Rs.10,000 with two sureties. Consequently, the petitioner was released on bail under the stipulated conditions.

Issues considered

Whether a person named only in the confessional statements of co‑accused, and having prior criminal antecedents, is entitled to regular bail under the Criminal Procedure Code.

Legislation cited

Indian Penal Code — s. 395, 397

Subjects

bail
confessional statement
dacoity
robbery
criminal antecedent
regular bail
IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2345 of 2026
                        Arising Out of PS. Case No.-113 Year-2024 Thana- JALE District- Darbhanga
                 ======================================================
                 Gyanendra Kumar @ Tinku S/O Prabhakar Kumar @ Prabhakar Shah R/O
                 Village- Basaha, P.s.- Bajpatti , District - Sitamarhi
                                                                               ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 395 and

                   397 of the Indian Penal Code.

                                3.    The case of the prosecution is that 7 unknown

                   miscreants have entered in the house of the informant and took

                   away valuable articles from the house of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. Learned counsel for the

                   petitioner has further submitted that FIR was lodged against

                   unknown miscreants. During course of investigation Md. Nizam

                   and Amit Kumar have named this petitioner in their

                   confessional statement. Learned counsel for the petitioner has
            Patna High Court CR. MISC. No.2345 of 2026(2) dt.05-02-2026
                                                        2/2




                      further submitted that Amit Kumar has been granted bail by the

                      learned Co-ordinate Bench vide Cr. Misc. No. 40583 of 2025

                      (with Cr. Misc No. 43026 of 2025) whereas Md. Nizam has

                      been granted bail by this Court vide Cr. Misc. No. 84812 of

                      2025. The case of this petitioner stands on similar footing. Save

                      and except the confessional statement there is nothing against

                      the petitioner.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail submitting that

                      the petitioner has seven criminal antecedent.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on bail

                      with the condition that the petitioner shall mark his

                      attendance weekly in Bajpatti P.S. failing which his bail

                      bond will be cancelled. The above named petitioner is directed

                      to be released on bail in connection with Jale P.S. Case No. 113

                      of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      learned ACJM-1st, Darbhanga.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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