Patna High Court
Khushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Criminal Procedure Code (CrPC) — s. 482(2)
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
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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
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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
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