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Patna High Court

Manish Kumar @ Manish Kumar Yadav @ Manish YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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