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Patna High Court

Bhola Ray @ Hare Ram KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Bhola Ray, was implicated in a theft case under Section 303(2) of the BNS after a confessional statement by another accused, Paltan Kumar, named him as a participant. No material was recovered from the petitioner’s possession, and the original FIR was lodged against unknown miscreants. The petitioner has been in judicial custody since 17 October 2025 and has a prior criminal antecedent. The State opposed the bail application, citing the confessional statement and the petitioner’s record. Considering the lack of direct evidence, the prior grant of bail to the co‑accused, and the circumstances of the case, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 303(2) of the BNS despite a confessional statement implicating him.
  • Whether the petitioner’s prior criminal antecedent and custodial status preclude bail.

Legislation cited

  • BNS — s. 303(2)

Subjects

  • regular bail
  • confessional statement
  • theft
  • Section 303(2)
  • criminal procedure
  • prior antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6772 of 2026
                 Arising Out of PS. Case No.-243 Year-2024 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
                 Bhola Ray @ Hare Ram Kumar S/O Late Chandeshwar Ray@Chandeshwar
                 Rai R/O Village- Sitalpatti, P.S- Siwaipatti, Distt.- Muzaffarpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mritunjay Singh, Advocate
                 For the Opposite Party/s :      Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                    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 303 (2) of

                   the BNS.

                                3. The case of the prosecution is that some unknown

                   miscreants had stolen the bike of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   FIR was lodged against unknown miscreants. During the course

                   of investigation, one Paltan Kumar Rai @ Paltan Kumar has

                   given his confessional statement and the name of the petitioner

                   has surfaced on the basis of the said confessional statement.
            Patna High Court CR. MISC. No.6772 of 2026(2) dt.10-02-2026
                                                        2/2




                      Nothing has been recovered from the conscious possession of

                      this petititioner. It is further submitted that the said Paltan

                      Kumar Rai @ Paltan Kumar, who has named this petitioner, has

                      already been granted bail by a co-ordinate Bench of this Court

                      vide order dated 15.05.2025 passed in Cr. Misc. No. 31139 of

                      2025. Moreover, the petitioner is languishing in judicial custody

                      since 17.10.2025 having criminal antecedent of one case.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid 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 Tariyani P.S. Case No. 243 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Sheohar.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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