Patna High Court
Krishna Kumar @ Rahul Kumar @ Krishna RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioner, finding insufficient direct evidence to justify continued detention.
Summary
The petitioner, Krishna Kumar, was in judicial custody for offences under Section 309(6) of the Bihar Negotiable Instruments Act, alleged to have participated in an assault and robbery. The prosecution’s case was based solely on the confessional statement of a co-accused, with no incriminating articles recovered from the petitioner and his name absent from the FIR. The petitioner argued that he was falsely implicated and sought regular bail, while the State opposed the bail application. The court examined the FIR and noted the lack of direct evidence against the petitioner, finding that the only link was the co-accused’s confession. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail when the only evidence against him is a co-accused's confessional statement and no material has been recovered from his possession.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- false implication
- confessional statement
- criminal procedure
- Section 309(6)
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.415 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Krishna Kumar @ Rahul Kumar @ Krishna Rai S/o- Mithilesh Rai @
Mithalesh Prasad Yadav Village- Bhuwalpur, P.S- Madhaurah District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the State : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Marhowarah P.S Case No. 511 of 2025 registered for the
offences punishable under Sections 309(6) of B.N.S.
3. As per prosecution case, three persons have
assaulted the informant and looted money and silver ornaments
from the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that no incriminating articles have been recovered
from the possession of the petitioners. It is next submitted that
Co-accused has already granted bail by the Co-ordinate Bench
of this Court vide order dated 10.12.2025 passed in Cr. Misc.
Patna High Court CR. MISC. No.415 of 2026(2) dt.15-01-2026
2/2
No. 67751 of 2025. It is also submitted that petitioner is in
judicial custody since 31.10.2025.
5. However, learned APP for the State opposes the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that petitioner is not named in FIR his name transpired
in this case from the confessional statement of the co-accused.
Co-accused has already granted bail by the Co-ordinate Bench
of this Court vide order dated 10.12.2025 passed in Cr. Misc.
No. 67751 of 2025. No recovery was made from the conscious
possession of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned CJM, Saran at
Chapra in connection with Marhowarah P.S Case No. 511 of
2025.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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