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Patna High Court

Ramesh MistryversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted as the petitioner’s involvement is not substantiated by material evidence and he has a clean antecedent.

Summary

The petitioner, Ramesh Mistry, feared arrest in a case concerning the theft of four batteries from a Jio tower site, an offence registered under Section 303(2) of the Bharatiya Nyaya Sanhita. The prosecution’s case relied on a written report by a technician and a confessional statement of co‑accused Golu Kumar that implicated the petitioner, with no other incriminating material. The petitioner asserted his innocence, highlighted his clean antecedent, and argued that the allegation rested solely on the co‑accused’s confession. The Additional Public Prosecutor opposed the anticipatory bail application. Considering the lack of substantive evidence and the petitioner’s clean record, the Court granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, subject to specified conditions.

Issues considered

  • Whether anticipatory bail can be granted when the only evidence against the petitioner is a confessional statement of a co‑accused
  • Whether the petitioner’s clean antecedent and absence of other incriminating material justify bail under Section 438 CrPC

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • clean antecedent
  • theft
  • Section 303
  • Section 438
  • Section 482
  • battery theft
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3378 of 2026
                   Arising Out of PS. Case No.-263 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Ramesh Mistry S/o Bhaso Mistry Resident of Village- Dharampur, P.S.-
                 Sikandra, District- Jamui

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :      Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Pakribrawan P.S. Case No.263 of 2025, F.I.R

                   dated 05.07.2025 registered for the offences punishable under

                   Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, Amit Kumar, who

                   works as a Technician in Jio Tower Company, submitted a

                   written report to the concerned police officer. He stated that Ajit

                   Kumar informed him that the site PKBR-ENB-600 was down.

                   Upon visiting the site, he found that the lock was open and four

                   batteries (Serial Nos. 13470438, 1300916, 16130237, and

                   18300104) were missing. Thereafter, he lodged the case with the

                   police.
Patna High Court CR. MISC. No.3378 of 2026(3) dt.20-02-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has falsely been implicated in the

          present case and the name of the petitioner has transpired on the

          basis of confessional statement of co-accused Golu Kumar and

          there is no incriminating material to suggest the involvement of

          the petitioner in the said offence. The petitioner has clean

          antecedent.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the name of the petitioner has transpired on the basis of

          confessional statement of co-accused Golu Kumar and there is

          no incriminating material to suggest the involvement of the

          petitioner in the said offence and the petitioner has clean

          antecedent. Accordingly, this Court is inclined to grant the

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, 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-IInd, Nawada, in connection
           Patna High Court CR. MISC. No.3378 of 2026(3) dt.20-02-2026
                                                       3/3




                     with Pakribrawan P.S. Case No.263 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the Code of

                     Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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