Patna High Court
Bhuklu Kumar @ Bhukhlu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
Bhuklu Kumar was arrested in connection with a theft case (PS Mushahari Case No. 261 of 2025) under Sections 303(2) and 334(1) of the B.N.S. The prosecution’s case relied on a confessional statement of a co‑accused, Vijay Sah, as the petitioner’s name was not mentioned in the FIR. The petitioner later confessed and some stolen articles were recovered from his premises, but he asserted that he has a clean antecedent and was falsely implicated. The petitioner applied for bail, arguing the lack of his name in the FIR and his clean record. The court, noting the clean antecedent and the manner in which his name surfaced, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the case against him is based primarily on a co‑accused’s confessional statement
- Whether the accused’s clean antecedent warrants bail despite the confession and recovery of stolen articles
Legislation cited
- B.N.S. — s. 303(2), 334(1)
Subjects
- bail
- criminal procedure
- theft
- confessional statement
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3751 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
Bhuklu Kumar @ Bhukhlu Kumar Son of Late Umesh Sahani Resident of
Village - Bedauliya, P.S.- Mushahari, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Upendra Kumar Chaubey, learned counsel
for the petitioner and Mr. Bhanu Pratap Singh, learned APP for
the State.
2. The petitioner seeks bail, who is in custody since
18.11.2025 in connection with Mushahari P.S. Case No. 261 of
2025, F.I.R. dated 04.11.2025 for the offences punishable under
Sections 303(2), 334(1) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have stolen several items of
the shop of worth Rs. 90,000/-.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Learned counsel further submits
that the petitioner is not named in the FIR and the name of the
Patna High Court CR. MISC. No.3751 of 2026(2) dt.27-01-2026
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petitioner has been transpired on the basis of confessional
statement of apprehended co-accused person, namely, Vijay Sah.
Thereafter the petitioner has confessed his guilt in the present
occurrence and some stolen articles were recovered from the
garden made in the house of the petitioner. He further submits
that the police after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 18.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent,
petitioner is not named in the FIR and name of the petitioner has
transpired on the basis of confessional statement of co-accused
person, 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
1st Class, Judicial Magistrate, Muzaffarpur East, District-
Muzaffarpur in connection with Mushahari P.S. Case No. 261 of
2025, with the following conditions:
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
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on her absence on two consecutive dates without sufficient
reason, his/her 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)
Ranjeet/-
U T
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