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Patna High Court

Govind Kumar @ Govinda KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to bond, sureties, surrender within six weeks, and possible cancellation for non‑cooperation.

Summary

The petitioner, Govind Kumar, was implicated in a theft case (PS Case No. 90 of 2024) based on an extra‑judicial confession of an accomplice named Nitesh. The petitioner argued that the confession had no evidentiary value, he was not arrested at the scene, and no incriminating material was found in his possession. He sought anticipatory bail, assuring cooperation with the investigation. The State opposed the bail. The Court, noting the petitioner’s young age and lack of concrete evidence, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties, a surrender within six weeks, and the condition that bail may be cancelled if he fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the extra‑judicial confession of the co‑accused can be relied upon to justify arrest.
  • Whether the petitioner is likely to abscond or tamper with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • extra‑judicial confession
  • Theft
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41765 of 2026
                  Arising Out of PS. Case No.-90 Year-2024 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Govind Kumar @ Govinda Kumar Son of Suresh Sahani Resident of Village-
                 Bara Govind, P.S.- Chakiya, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :         Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                                1. Heard learned counsel for the petitioner, Mr.

                   Hemant Ray and learned A.P.P. for the State.

                                      2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 379,411,

                   414, 34 of the BNS, 2023.

                                3. Learned counsel for the petitioner submits petitioner

                   has antecedent of one case and the informant alleges that on

                   31.03.2024 at 03:00 AM some thieves were trying to commit theft

                   of his e-rickshaw, but with the help of villagers, one accused was

                   apprehended, who disclosed his name Nitesh and also disclosed

                   the name of accused who fled as petitioner and Govinda.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant based on extra judicial confession of Nitesh, which does
Patna High Court CR. MISC. No.41765 of 2026(2) dt.08-07-2026
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          not have any evidentiary value, it is also submitted that petitioner

          was not arrested from the spot as such nothing was recovered from

          his conscious possession, it is next submitted that if privilege of

          anticipatory bail is granted, the petitioner will not abscond rather

          will cooperate in the investigation to prove his innocence.

                               5. Learned A.P.P. for the State opposes the

          anticipatory bail .

                             6. Considering the submissions and taking into

          consideration the fact that petitioner is a young boy aged about 26

          years, the petitioner, in the event of his arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each

          with two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Kalyanpur P.S. Case No. 90 of 2024 subject to

          the conditions as laid down under Section 482 (2) of the BNSS.

                           7. One of the bailors of the petitioner shall be his

          father Suresh Sahani.

                          8. It is made clear that if the Investigating Officer of

          the case files an application before the learned Trial Court bringing

          to its notice that petitioner despite giving assurance to this Court is

          not cooperating in the investigation, in that event, the learned Trial

          Court shall be at liberty to cancel the bail bonds of the petitioner
               Patna High Court CR. MISC. No.41765 of 2026(2) dt.08-07-2026
                                                           3/3




                         after recording reason.

                                        9. The application stands allowed.



                                                   (Satyavrat Verma, J)
Nitesh/-

U          T


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