Patna High Court
Pintu Kumar @ Pintu Kumar Pandit @ SuryaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Petitioner Pintu Kumar sought pre‑arrest bail in connection with a theft case (Nanpur P.S. Case No. 34 of 2025) involving offences under Sections 341(4), 331(4), 305 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The FIR was initially lodged against unknown thieves; later the police arrested Ranjit Kumar Jha, whose confessional statement implicated the petitioner. No other material linked the petitioner to the crime, no stolen articles were recovered from his possession, and he has a clean antecedent and a hostile relationship with the accused. The State opposed bail, relying solely on the confessional statement. The Court, noting the lack of corroborative evidence, the petitioner’s fair antecedent, and the conditions of Section 482(2) of the B.N.S., granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties, one of whom must be a close family member, and a four‑week surrender period.
Issues considered
- Whether pre‑arrest bail should be granted when the only incriminating material is a confessional statement of another accused and no other evidence links the petitioner to the offence.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 305, 331(4), 341(4), 3(5), 482(2)
Subjects
- pre‑arrest bail
- confessional statement
- theft
- criminal procedure
- Section 482
- fair antecedent
- no recovery of stolen articles
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2759 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
Pintu Kumar @ Pintu Kumar Pandit @ Surya S/O Girindra Pandit Resident
Of Village- Kharka, P.S.- Bokhara (Old P.S. Nanpur), District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Adv.
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Nanpur P.S. Case No. 34 of 2025, registered for the
offences punishable under Sections 341(4), 331(4), 305 and 3(5)
of the B.N.S., 2023.
3. In the night of 18.01.2025, some unknown thieves
committed theft of various articles and ornaments as well as
cash from the house of Hari Kishun Das, Shyam Mandal and
Nikhil Kumar. This led to lodging of the FIR against unknown
thieves.
4. Learned Advocate for the petitioner submitted that
the FIR has instituted against unknown thieves. However, later
on, the police apprehended one Ranjit Kumar Jha and the name
Patna High Court CR. MISC. No.2759 of 2026(2) dt.04-02-2026
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of the petitioner has transpired in his confessional statement.
Save and except the confessional statement, there is no material
suggesting the complicity of the petitioner in crime. Even during
the course of investigation, no stolen articles have been
recovered from the whereabout of the petitioner. Moreover, the
petitioner had inimical term with Ranjit Kumar Jha and this was
one of the reason for implicating the name of the petitioner. The
petitioner bears fair antecedent and undertakes the he will fully
co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
name of the petitioner has been disclosed by apprehended
person, who was found involve in theft of huge articles from the
house of several persons.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the materials available on record, especially the fact that no
recovery has been made from the whereabout of the petitioner,
besides the fair antecedent of the petitioner as also the fact that
save and except the confessional statement, there is no other
material, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
Patna High Court CR. MISC. No.2759 of 2026(2) dt.04-02-2026
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a period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned SDJM, Pupri at Sitamarhi in
connection with Nanpur P.S. Case No. 34 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
shivank/-
U T
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