Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the petitioner is entitled to regular bail as the case against him is based solely on a co-accused’s confession and there is no recovery or arrest on spot.
Summary
Rupesh Kumar was arrested in connection with a theft of a motorcycle, the charge arising solely from a co-accused's confessional statement. The petitioner argued that he was falsely implicated, was not arrested on the spot, and no stolen property was recovered from his possession. The State opposed regular bail. The court examined the FIR and noted that the petitioner’s name was derived only from the co-accused’s statement and there was no immediate arrest or recovery. Considering these facts, the court decided to grant regular bail, requiring a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations of theft and the reliance on a co-accused’s confessional statement.
Legislation cited
- BNS — s. 317(4), 317(5), 3(5)
Subjects
- bail
- theft
- confessional statement
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.294 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Rupesh Kumar Son of Late Surendra Prasad @ Late Surendra Roy Resident
of village - Kaswa Kadamwa, P.S.- Ghorasahan, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Ghorasahan P.S Case No. 363 of 2025 registered for the
offences punishable under Sections 317(4), 317(5), 3(5) of the
BNS.
3. As per allegation in the FIR, petitioner is alleged to
have stolen motorcycle and was selling to other person.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that petitioner’s name has been figured from the
confessional statement of the co-accused namely Krishna
Prakash Kumar Kushwaha. He further submits that petitioner
Patna High Court CR. MISC. No.294 of 2026(2) dt.15-01-2026
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has not been arrested on spot. Moreover, there is no recovery
made from the conscious possession of the petitioner. He further
submits that petitioner is in custody since 02.11.2025 having
one antecedent.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated
28.11.2025, it appears that petitioner’s name has been figured
from the confessional statement of the co-accused. Moreover,
petitioner has not been arrested from the spot. So considering
the aforesaid facts and circumstances of the case and
submissions made on behalf of the learned counsel for the
petitioner, let the above named petitioner be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, Sikrahana at Dhaka in
connection with Ghorasahan P.S Case No. 363 of 2025.
(Ramesh Chand Malviya, J)
Sunnykr/-
U
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