Patna High Court
Manish Kumar @ Chandan Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
Bail was granted to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
Manish Kumar, also known as Chandan Kumar and Sonu Kumar, was implicated in a robbery of a golden chain and charged under sections 304(2) and 112(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR was initially filed against an unknown person, but the investigation later named the petitioner based on a confessional statement made to police, although no stolen article was recovered from his possession. The petitioner had been in custody since 19 May 2025 and a chargesheet had already been filed when he applied for regular bail. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the lack of physical evidence, the long pre‑trial detention of eight months, and the fact that the case rested largely on the confession, ordered that bail be granted on a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the Additional Chief Judicial Magistrate‑III, Danapur.
Issues considered
- Whether bail should be granted to the petitioner under sections 304(2) and 112(2) of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the offences
- Whether the absence of any incriminating article and the reliance on a confessional statement justify bail
- Whether the eight‑month pre‑trial custody period warrants the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 304(2)
Subjects
- bail
- pre‑trial detention
- confessional statement
- section 304(2)
- section 112(2)
- criminal procedure
- no recovery of stolen article
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6289 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Manish Kumar @ Chandan Kumar @ Sonu Kumar Son of Surendra Ray
Resident of Village- Bhagwatipur, Ward No. 2, P.O.- Neora, P.S.- Shahpur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramkishor Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rupaspur P.S. Case no.
146 of 2025 registered under sections 304(2) and 112(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that on coming out of the mandir, two accused persons on a
motorcycle snatched her golden chain from around her neck and
escaped.
4. Learned counsel for the petitioner submits that the FIR
was registered against unknown. The name of the petitioner
transpired in course of investigation and the police is mainly basing
their case on the confessional statement of the petitioner made before
Patna High Court CR. MISC. No.6289 of 2026(2) dt.04-02-2026
2/2
police. No incriminating article has been recovered from the
petitioner’s possession and the cause of his false implication is his
antecedents. The petitioner is in custody since 19.5.2025 and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as is evident from
the order of the learned trial Court, no incriminating article
having been recovered from the petitioner’s possession, the
petitioner having remained in custody for eight months since
19.5.2025 and chargesheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in connection
with Rupaspur P.S. Case no. 146 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-III, Danapur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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