Patna High Court
Sunil Kumar PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding insufficient material evidence and a clean antecedent.
Summary
Sunil Kumar Pandit was arrested on 9 November 2025 in connection with a case of assault and robbery under Section 309(4) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based mainly on the confessional statement of a co-accused, with no material recovered from the petitioner and no direct mention of his name in the FIR. The petitioner’s counsel argued that he has a clean antecedent and that the allegation is fabricated. The Additional Public Prosecutor opposed bail. The High Court, noting the lack of substantive evidence, the petitioner’s clean record, and the reliance on a co-accused’s confession, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the primary evidence against the accused is a confessional statement of a co‑accused and no material is recovered from the accused.
- Whether the petitioner’s clean antecedent and lack of direct naming in the FIR warrant bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- confessional statement
- clean antecedent
- Section 309
- Bharatiya Nyay Sanhita
- evidence
- co-accused
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2701 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Sunil Kumar Pandit S/O Ramlal Pandit R/O village - Paunad, P.S.- Kamtaul,
District - Darbhanga
... ... 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. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Devendra Kumar, learned counsel for
the petitioner as well as Mr. Anil Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.11.2025 in connection with Kamtaul P.S. Case No. 240 of
2025, F.I.R. dated 07.11.2025 for the offences punishable under
Sections 309(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that when he along with other person were proceeding
towards poultry farm, then two unknown persons riding a
motorcycle came and forcibly stopped their vehicle and
assaulted them and snatched their mobile phones and fled away.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.2701 of 2026(2) dt.20-01-2026
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implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Petitioner is not named in
the FIR and his name transpired on the basis of confessional
statement of co-accused person, namely, Sachin Kumar @ Bara
Babu and it appears from FIR and seizure list that nothing has
been recovered from the conscious possession of petitioner and
except the confessional statement of co-accused person, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence and similarly situated co-accused person, namely,
Bali Ram Sharma has been granted the privilege of regular bail
by this Court vide order dated 20.01.2026 in Cr. Misc. No. 1921
of 2026 and the petitioner is in custody since 09.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and he is not named in the FIR
and his name transpired on the basis of confessional statement
of co-accused person and nothing has been recovered from the
conscious possession of petitioner, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.2701 of 2026(2) dt.20-01-2026
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each to the satisfaction of the learned Chief Judicial Magistrate,
Darbhanga in connection with Kamtaul P.S. Case No. 240 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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