Patna High Court
Govind Kumar @ Govinda KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 34, 379, 411, 414
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
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after recording reason.
9. The application stands allowed.
(Satyavrat Verma, J)
Nitesh/-
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