Patna High Court
Anil Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 111(3), 316(2), 318(4), 336(3), 340(2), 3(5), 61(2)
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
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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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