Patna High Court
Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 310(2)
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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