Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding insufficient material against him.
Summary
The petitioner, Dilip Kumar, sought bail in a case registered under Sections 303(2), 111(2) and 317(2) of the B.N.S. for alleged theft of a bike. The prosecution alleged that the bike was stolen by unknown persons, while the petitioner claimed innocence, stating that the only incriminating material was the confessional statement of co‑accused Mithlesh Kumar, which merely mentioned his name. The petitioner argued that the recovered bikes were those of his tenants and not the stolen ones, and highlighted that a similarly situated co‑accused, Ankaj Kumar, had been granted bail. The State opposed the bail application. After considering the facts, the court found no substantive evidence against the petitioner and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 303(2), 111(2) and 317(2) of the B.N.S.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention
- Whether the petitioner poses a flight risk or risk of tampering with evidence
Legislation cited
- B.N.S. — s. 111(2), 303(2), 317(2)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- theft
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5363 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- BANKA District- Banka
======================================================
Dilip Kumar, Son of Puran Yadav, Resident of village - Babupur, P.S.-
Jamdaha, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Banka P.S. Case No. 472 of 2025 registered for the offence
punishable under Sections 303(2), 111(2) and 317(2) of B.N.S.
but later on Section 111(2) and 317(2) were added.
3. The case of the prosecution, in short, is that the
bike of the informant was stolen by unknown miscreants.
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 Mithlesh Kumar has given
Patna High Court CR. MISC. No.5363 of 2026(3) dt.25-02-2026
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his confessional statement and the name of this petitioner has
surfaced in the confessional statement of Mithlesh Kumar. It has
further been submitted that save and except the confessional
statement of co-accused, there is nothing against this petitioner.
It has further been submitted that though bikes have been
recovered from the possession of this petitioner but those bikes
are of his tenants, they are not the stolen bikes. It has further
been submitted that the stolen bikes was recovered from the
possession of Mithlesh Kumar. It has also been submitted that
similarly situated co-accused person, namely, Ankaj Kumar has
been granted bail by this Court vide Cr. Misc. No. 8663 of 2026.
The case of this petitioner stands on similar footing. He is
having no criminal antecedent and he is languishing in judicial
custody since 18.10.2025.
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
Patna High Court CR. MISC. No.5363 of 2026(3) dt.25-02-2026
3/3
Judicial Magistrate, Banka in connection with Banka P.S. Case
No. 472 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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