Created by Fuzzy Cloud

Patna High Court

Khushal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail as the court found a prima facie case for his release.

Summary

The petitioner, Khushal Kumar, applied for pre‑arrest bail in a case registered under Section 310(2) of the BNS for alleged assault and robbery. The FIR alleged that unknown persons committed the crime, and the petitioner’s name appeared only in the confessional statement of a co‑accused, Tribhuwan Kumar. The petitioner asserted innocence, a clean antecedent, and that no incriminating material was recovered from him. The State opposed the bail, but the court noted the lack of direct evidence and the petitioner’s clean record, finding a prima facie case for bail. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon surrender, subject to a bail bond of Rs. 10,000 with two sureties and verification of his criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case under Section 310(2) of the BNS given the circumstances of the FIR and the confessional statement of a co‑accused.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 310
  • confessional statement
  • clean antecedent
  • high court
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45494 of 2025
                  Arising Out of PS. Case No.-428 Year-2024 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Khushal Kumar S/O Khedu Roy Resident of Village- Santpur, Post- Laxmipur
                 Motihari, PS- Raghunathpur, Distt-East Champaran at Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Ranjan, Advocate
                 For the Opposite Party/s :      Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

6   21-01-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Mufassil (Motihari) P.S. Case No. 428/2024 registered for

                   the offence(s) punishable under Sections 310(2) of the BNS.

                                3. As per the allegation made in the FIR,                    some

                   unknown persons assaulted and robbed the informant and fled

                   away leaving behind a motorcycle and a weapon.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely     been implicated in the present                  case.     Nothing

                   incriminating has been recovered from the possession of the

                   petitioner rather petitioner’s name has surfaced in the present
Patna High Court CR. MISC. No.45494 of 2025(6) dt.21-01-2026
                                            2/3




          case on the confessional statement of the co-accused Tribhuwan

          Kumar. The petitioner is having clean antecedent. On these

          grounds the petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well, having perused the allegation

          made in the FIR and the fact that nothing incriminating has been

          recovered from the possession of the petitioner rather

          petitioner’s name has surfaced in the present case on the

          confessional statement of the co-accused namely Tribhuwan

          Kumar. The petitioner is having clean antecedent, I am of the

          opinion that petitioner has, prima facie, made out a case to be

          released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is pending

          in connection with Mufassil (Motihari) P.S. Case No. 428/2024,

          subject to the conditions as laid down under Section 482(2) of
           Patna High Court CR. MISC. No.45494 of 2025(6) dt.21-01-2026
                                                       3/3




                     the BNSS.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner and if it is found

                     that the petitioner is involved in some other cases, as what

                     has been stated in paragraph no.3 of the bail application,

                     this order will automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.