Patna High Court
Anshu Kumar @ Dablu Kumar @ DabluversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner, subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Anshu Kumar, an 18‑year‑old student, sought bail in a theft case (PS Case No. 246/2025) where he was implicated under Sections 329(4) and 303(2) of the Bihar Nagrik Suraksha Sanhita. The theft occurred on 02‑07‑2025 and the police initially recorded the crime against unknown thieves. During investigation, a co‑accused, Abhishek Kumar, named the petitioner in his confessional statement, but no stolen items were recovered from the petitioner’s residence except his own mobile phone. The State opposed bail, arguing the co‑accused’s statement and a recovered phone indicated involvement, while the petitioner’s counsel highlighted the lack of any other corroborative material and the petitioner’s student status. The court, noting the petitioner’s youth, the absence of substantive evidence beyond the co‑accused’s confession, and the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, granted bail subject to a Rs 10,000 bond, two sureties, and a family member as one bailor.
Issues considered
- Whether bail should be granted when the only incriminating material is the confession of a co‑accused and no stolen property is found with the petitioner
- Whether the provisions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, justify imposing bail conditions in this case
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Nagrik Suraksha Sanhita — s. 303(2), 329(4)
Subjects
- bail
- co‑accused confession
- theft
- Section 482
- student defendant
- lack of material evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39150 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Anshu Kumar @ Dablu Kumar @ Dablu S/o Sapan Kumar Chaudhary R/o
Village - Bharso, P.S - Parbatta, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 17-06-2026 Heard Mr. Ranjeet Kumar Singh, learned Advocate
for the petitioner and learned Additional Public Prosecutor for
the State.
2. The petitioner apprehends his arrest in connection
with Parbatta P.S. Case No. 246 of 2025, registered for the
offences punishable under Sections 329(4), 303(2) of the BNS.
3. In the night of 02.07.2025, some unknown thieves
have committed theft in several houses and taken away mobile
phones, valuables and cash of Rs.19000/-.
4. Learned Advocate for the petitioner taking this
Court through the FIR contended that undisputedly the FIR has
been instituted against unknown thieves. However, during
course of investigation one Abhishek Kumar @ Bajrangi was
apprehended by the police and on the confessional statement of
Patna High Court CR. MISC. No.39150 of 2026(2) dt.17-06-2026
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said co-accused, the name of the petitioner has sprung up. It is a
matter of fact that no stolen article has been recovered from the
house of the petitioner, save and except one black colour touch
screen mobile phone, which is not the subject matter of crime
and owned by the petitioner. The reason behind false
implication of the petitioner in the present case is said to be one
past criminal antecedent as has been disclosed in para-3. It is
further contended that during the course of investigation no
other cogent material has collected which suggests his
complicity. Moreover, the petitioner is a student and has been
pursuing his study and he undertakes that he will fully cooperate
in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
disclosure of the name of the petitioner by the apprehended
person and recovery of some suspected stolen article clearly
suggests the involvement of the petitioner.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that the petitioner is a student aged about 18 years
and there is no cogent material, except the confessional
statement of co-accused person, let the petitioner abovenamed
Patna High Court CR. MISC. No.39150 of 2026(2) dt.17-06-2026
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be released on bail, in the event of his arrest or surrender before
the court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned ACJM 1 st
Khagaria in connection with Parbatta P.S. Case No. 246 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
Anjani/-
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