Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond and sureties.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a theft case (Patepur PS Case No. 249 of 2025) involving the robbery of silver coins, mobile phones, and cash, alleged under Sections 334(1) and 303(2) of the B.N.S. CCTV footage identified co‑accused Rajan Kumar, whose confessional statement mentioned the petitioner, leading to the petitioner’s detention since 22‑07‑2025. The petitioner’s counsel argued that he was falsely implicated and that the co‑accused had already been granted bail. The State opposed the bail application, contending that the evidence warranted continued custody. After considering the facts, the court directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and ordered his release, subject to cooperation with the trial. The order effectively granted regular bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 334(1) and 303(2) of the B.N.S. despite the co‑accused’s confessional statement linking him to the theft.
Legislation cited
- B.N.S. — s. 303(2), 334(1)
Subjects
- regular bail
- theft
- CCTV evidence
- confessional statement
- Sections 334(1) B.N.S.
- Section 303(2) B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6223 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Abhishek Kumar Son of Surendra Bhagat Resident of village - Mukundpur,
P.S.- Patepur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupa Kumari
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Patepur P.S. Case No.
249 of 2025 registered for the offences punishable under
Sections 334(1) and 303(2) of the B.N.S.
3. As per the prosecution, it is alleged that certain
unknown miscreants unlawfully entered the showroom of the
informant and committed theft of approximately 30 to 40 boxes
of silver coins, three mobile phones, and cash amounting to Rs.
2,80,555/- from the cash drawer. During investigation, the
applicant, Rajan Kumar, who is currently employed in the
agency, was identified in the CCTV footage of the showroom.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.6223 of 2026(2) dt.04-02-2026
2/2
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the petitioner’s name has
figured in the confessional statement of co-accused Rajan
Kumar, who was seen in the CCTV footage and the looted
articles were recovered from possession of Rajan Kumar. Said
Rajan Kumar has been granted bail. The petitioner has been in
custody since 22.07.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned ACJM, Vaishali at Hajipur/ concerned court in
connection with Patepur P.S. Case No. 249 of 2025, subject to
the following conditions that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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