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Patna High Court

Rishu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Rishu Kumar, was arrested in connection with a theft case (PS Case No. 419 of 2025) alleged under Section 310(2) of the B.N.S. The prosecution’s case is based solely on a confessional statement of a co‑accused, Shakti Paswan, who claimed the stolen ornaments were sold to another person and that the petitioner had no possession of the stolen items. The petitioner contended that he was falsely implicated, that no material was recovered from him, and that a similarly situated co‑accused had previously been granted bail. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Gaya.

Issues considered

  • Whether bail should be granted to the petitioner under Section 310(2) of the B.N.S. given the nature of the evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 310
  • confessional statement
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4281 of 2026
                       Arising Out of PS. Case No.-419 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Rishu Kumar Son of Manoj Thakur @ Manoj Kumar Resident of Village-
                 Beladih, P.S.- Belaganj, District- Gaya
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Barun Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Belaganj P.S. Case No. 419 of 2025 registered for the offence

                   punishable under Section 310(2) of B.N.S.

                                3. The case of the prosecution, in short, is that

                   unknown miscreants entered in the house of the informant and

                   committed theft of valuables and ornaments.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The F.I.R. was lodged against unknown miscreants. During

                   course of investigation, one Shakti Paswan was apprehended and

                   he has given his confessional. In his confessional statement, it has

                   come that the looted ornaments were sold to one Sanjay Tamrakar
             Patna High Court CR. MISC. No.4281 of 2026(2) dt.06-02-2026
                                                         2/2




                       through co-accused. Learned counsel for the petitioner has

                       submitted that nothing has been recovered from his possession.

                       Only on the basis of confessional statement of co-accused Shakti

                       Paswan, his name has surfaced. He is neither the seller nor the

                       purchaser of stolen articles. He is languishing in judicial custody

                       since 21.08.2025. Learned counsel has further submitted that

                       similarly situated co-accused has been granted bail by this court

                       vide Cr. Misc. No. 83517 of 2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                       the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Gaya in connection with Belaganj P.S. Case

                       No. 419 of 2025.



                                              (Ashok Kumar Pandey, J)
lata/-
U        T


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