Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail and is released upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Dinesh Kumar, was arrested in connection with a theft of Rs. 43,000 alleged under Section 309(6) of the Bihar Narcotic Substitution Act, 2023. He claimed innocence, stating the FIR named unknown miscreants and that a co‑accused, Anil Kumar Thakur, had confessed and was already on bail. The petitioner argued that no material was recovered from him, he has no prior criminal record, and he has been in judicial custody since 17 September 2025. The State opposed bail, but the court, after hearing both sides, found the petitioner's circumstances comparable to the co‑accused and noted the lack of incriminating evidence against him. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(6) of the B.N.S., 2023 given the facts of the case
- Whether the lack of recovered material and the co‑accused’s confession justify granting bail
Subjects
- bail
- criminal procedure
- Section 309(6) B.N.S. 2023
- theft
- presumption of innocence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6388 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- ISMAILPUR District- Bhagalpur
======================================================
Dinesh Kumar Son of Jairam Mandal Resident of Village - Ismailpur, P.S.-
Ismailpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, 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 Ismailpur P.S. Case No. 168 of 2025 registered for the
offence punishable under Section 309(6) of the B.N.S., 2023.
3. The case of the prosecution in short is that
unknown miscreants have looted Rs. 43,000/- in cash from the
informant.
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. He also submits that the FIR was lodged against unknown
miscreants. During course of investigation, one Anil Kumar
Thakur has given his confessional statement in which the name
Patna High Court CR. MISC. No.6388 of 2026(2) dt.06-02-2026
2/2
of this petitioner has surfaced. He also submits that nothing has
been recovered from the possession of this petitioner. He also
submits that co-accused namely, Anil Kumar Thakur has already
been granted bail by this court vide Cr. Misc. No. 88638 of
2025. The case of this petitioner stands on similar footing. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 17.09.2025.
5. The application for bail is opposed by learned APP
for the State.
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 Judicial
Magistrate, 1st Class, Naugachia, Bhagalpur in connection with
Ismailpur P.S. Case No. 168 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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