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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Anand Kumar, applied for bail in a case registered under Section 310(2) of the B.N.S. for alleged theft of valuables from an informant’s house. The prosecution alleged that unknown miscreants committed the theft, and a co‑accused, Shakti Paswan, had given a confessional statement linking the petitioner to the stolen ornaments, though nothing was recovered from the petitioner. The petitioner’s counsel argued that he was falsely implicated, had no criminal antecedent, and that bail had been granted to similarly situated co‑accused in a prior case. The State opposed bail, contending the seriousness of the offence. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Chief Judicial Magistrate, Gaya.

Issues considered

  • Whether the petitioner is entitled to bail under Section 310(2) of the B.N.S. given that the only incriminating material is the confessional statement of a co‑accused.

Legislation cited

Subjects

  • bail
  • Section 310(2)
  • confessional statement
  • co‑accused
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6317 of 2026
                       Arising Out of PS. Case No.-419 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Anand Kumar Son of Binesh Kumar @ Dinesh Thakur @ Gaya Thakur
                 Resident of Village- Beladih, P.S.- Belaganj, District- Gaya
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Belaganj P.S. Case No. 419 of 2025 registered for the offence

                   punishable under Section 310(2) of B.N.S.

                                3. The case of the prosecution, in short, is that unknown

                   miscreants entered in the house of the informant and committed

                   theft of valuables and ornaments.

                                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 Shakti Paswan was apprehended and he has

                   given his confessional. In his confessional statement, it has come

                   that the looted ornaments were sold to one Sanjay Tamrakar
             Patna High Court CR. MISC. No.6317 of 2026(2) dt.06-02-2026
                                                         2/2




                       through co-accused. Learned counsel for the petitioner has

                       submitted that nothing has been recovered from his possession.

                       Only on the basis of confessional statement of co-accused Shakti

                       Paswan, his name has surfaced. He is neither the seller nor the

                       purchaser of stolen articles. He is having no criminal antecedent

                       and he is languishing in judicial custody since 21.08.2025.

                       Learned counsel has further submitted that similarly situated co-

                       accused has been granted bail by this court vide Cr. Misc. No.

                       83517 of 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

                       Judicial Magistrate, Gaya in connection with Belaganj P.S. Case

                       No. 419 of 2025.



                                              (Ashok Kumar Pandey, J)
lata/-
U        T


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