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Patna High Court

Anil Kumar PathakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Anil Kumar Pathak was arrested on 3 February 2026 in connection with a case alleging that he accepted money as a deposit or investment and failed to repay it. The FIR listed offences under Sections 318(4), 316(2), 61(2), 336(3), 340(2), 111(3) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The petitioner argued that he has a clean antecedent, was not named in the FIR, and his alleged involvement is based solely on the confessional statement of a co‑accused, with no other material linking him to the crime. The prosecution opposed bail. The court noted the lack of independent evidence against the petitioner, his clean record, and the reliance on a co‑accused’s confession, and therefore granted bail on a Rs.10,000 bond with two sureties, subject to conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the lower court.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary material primarily derived from a co‑accused's confessional statement.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • deposit fraud
  • confessional statement
  • clean antecedent
  • Bharatiya Nyay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29514 of 2026
                        Arising Out of PS. Case No.-30 Year-2026 Thana- DAWATH District- Rohtas
                 ======================================================
                 Anil Kumar Pathak S/o- Gupteshwar Pathak Village- Maniya PS- Nawa
                 Nagar Distt- Buxar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivnandan Bharti, Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                      Heard Mr. Shivnandan Bharti, learned counsel for

                   the petitioner as well as Ms. Nirmala Kumari, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.02.2026 in connection with Dawath P.S. Case No. 30 of

                   2026, F.I.R. dated 03.02.2026 for the offences punishable under

                   Sections 318(4), 316(2), 61(2), 336(3), 340(2), 111(3) and 3(5)

                   of the Bharatiya Nyay Sanhita, 2023 .

                               3.     The informant alleges that the petitioner, after

                   receiving money as deposit/investment, has willfully failed to

                   repay the same upon maturity.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. Petitioner is not named in the FIR
Patna High Court CR. MISC. No.29514 of 2026(2) dt.04-05-2026
                                            2/3




          and his name has been transpired during investigation on the

          basis of confessional statement of co-accused, namely, Sunil

          Pandit and and except the aforesaid, no other cogent material

          has come during investigation which suggest the involvement of

          the petitioner in the present occurrence. He next submits that

          there is no allegation against the petitioner that he issued any

          receipt, bond, certificate, fixed deposit paper, agreement or any

          other document in favour of the informant. He further submits

          that the petitioner is in custody since 03.02.2026.

                      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 his name transpired on the

          basis of confessional statement of co-accused person and no

          other cogent material has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence, 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 each to the satisfaction of the

          learned A.C.J.M., Bikramganj, Rohtas in connection with

          Dawath P.S. Case No. 30 of 2026, subject to the following

          conditions:-
            Patna High Court CR. MISC. No.29514 of 2026(2) dt.04-05-2026
                                                        3/3




                                   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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