Patna High Court
Manish Kumar @ Manish Kumar Yadav @ Manish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as the implication against him is only on suspicion and not sufficient for continued detention.
Summary
The petitioner, Manish Kumar, was not named in the FIR relating to a theft and assault case (Sections 379 and 356 IPC) but was implicated through a confession made by a co‑accused while in police custody. He applied for bail, arguing that the implication was merely suspicion and that the investigation was complete after the co‑accused’s arrest. The State opposed the bail. The court observed that reliance on a custodial confession of another person does not justify detention and, therefore, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order also imposed obligations to appear in court and not commit similar offences. The petition was disposed by granting bail.
Issues considered
- The petitioner can be arrested or detained solely on the basis of suspicion arising from a co‑accused’s confession recorded in police custody.
- Whether bail should be granted under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 356, 379
Subjects
- bail
- confession in police custody
- suspicion
- Indian Penal Code
- CrPC
- BNSS
- criminal procedure
- theft
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28016 of 2026
Arising Out of PS. Case No.-402 Year-2023 Thana- CIVIL LINE District- Gaya
======================================================
Manish Kumar @ Manish Kumar Yadav @ Manish Yadav, S/o Umesh Yadav,
R/o Mohalla- Anta Kothi, P.S.- Civil Lines, Dist.- Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Civil Lines
P.S. Case No.402 of 2023 registered under Sections 379
and 356 of the Indian Penal Code.
3. As per FIR, some unknown persons snatched
the golden chain from the neck of informant while she was
returning to her home on 20.06.2023 at about 9:10 P.M.
4. It is submitted by learned counsel appearing for
petitioner that the name of petitioner transpired during the
course of investigation on the basis of confessional
statement of co-accused namely, Karan Kumar while he was
Patna High Court CR. MISC. No.28016 of 2026(2) dt.01-05-2026
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apprehended in connection with another case. It is submitted
that said confession was made in police custody. It is
submitted that the investigation of this case on all material
aspects have been completed after arrest of co-accused
Karan Kumar and, therefore, sending the petitioner behind
the jail merely on the basis of suspicion would not serve any
purpose of justice. While concluding argument, it is
submitted that the petitioner found involved in five more
criminal cases, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact, as prima facie implication of petitioner
appears on the basis of suspicion arising out of confessional
statement recorded in police custody, accordingly, the
petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-1st, Gaya in
Patna High Court CR. MISC. No.28016 of 2026(2) dt.01-05-2026
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connection with Civil Lines P.S. Case No.402 of 2023,
subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’) and with further conditions:-
(i) That petitioner shall not indulge in
similar nature of case till the conclusion of
trial, failing which the State shall be at liberty
to move before the Trial Court itself for
cancellation of bail bond of the petitioner.
(ii) That petitioner shall co-operate in
the trial and shall be physically present on each
and every date before the Trial Court till
conclusion of the trial and exemption from
physical appearance be allowed by the Trial
Court only on medical ground of the petitioner
duly supported by the documents.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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