Patna High Court

Manjit KumarversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail in the case.

Summary

The petitioner, Manjit Kumar, sought regular bail in a case registered under Section 310(2) of the Bharatiya Nyaya Sanhita for alleged robbery and theft. The prosecution alleged that unknown assailants, on pistol point, stole cash and documents from a shop, and a co‑accused, Shambhu, named the petitioner in his confessional statement, though no material was recovered from the petitioner. The petitioner argued that the FIR was against unknown persons, no recovery was made from him, no third‑information‑report was filed, and similarly situated co‑accused had been granted bail in earlier cases. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to be released upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offence under Section 310(2).
Whether the confessional statement of a co‑accused naming the petitioner is sufficient ground to deny bail.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Whether the petitioner is entitled to bail on the same footing as similarly situated co‑accused granted bail in earlier cases.

Legislation cited

Bharatiya Nyaya Sanhita — s. 310(2)

Subjects

bail
criminal procedure
Section 310
confessional statement
antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66715 of 2025
                      Arising Out of PS. Case No.-69 Year-2025 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Manjit Kumar Son of Sikandar Ram Resident of Village- Sohdi, Ps- Ariari,
                 Dist- Sheikhpura                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhimanyu Deo, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 310(2) of

                   Bharatiya Nyaya Sanhita.

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

                   unknown miscreants on bike arrived at the shop of the informant

                   and on pistol point took away Rs.27,000/- kept in pocket and

                   Rs.2,160/- kept in purse, Aadhar card, PAN card, Voter ID card

                   etc.

                                4. Learned counsel for the petitioner submits that FIR

                   was lodged against unknown miscreants. During course of

                   investigation one Shambhu was apprehended and he has given

                   his confessional statement. The name of this petitioner has

                   surfaced in the confessional statement of co-accused Shambhu.

                   It has further been submitted that nothing has been recovered

                   from the possession of this petitioner. Recovery, if any, has been
            Patna High Court CR. MISC. No.66715 of 2025(3) dt.18-02-2026
                                                        2/2




                      made from the possession of Shambhu. Learned counsel for the

                      petitioner has submitted that no TIP has been conducted. It has

                      further been submitted that similarly situated co-accused

                      persons have been granted bail by learned Co-ordinate Benches

                      vide Cr. Misc. Nos. 88252 of 2025 and 80519 of 2025. The case

                      of this petitioner stands on similar footing. Learned counsel for

                      the petitioner has lastly submitted that the petitioner is in

                      judicial custody since 30.05.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the bail and has submitted that the

                      petitioner is having criminal antecedent of two cases.

                                   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 released on bail in connection with

                      Ariyari P.S. Case No. 69 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each of them with two sureties of the

                      like amount each to the satisfaction of learned A.C.J.M.-II,

                      Sheikhpura.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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