Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to surrender, bail bond and surety conditions.
Summary
Petitioner Bipin Kumar applied for anticipatory bail fearing arrest in Rajauli P.S. Case No. 441 of 2025, which alleges his involvement in the sale of a stolen bike under Sections 303(2), 317(5), 111(2), 316(2) and 318(4) of the B.N.S., 2023. The prosecution’s case is that the bike was kept with the petitioner for sale, while the petitioner contends he is innocent, that the bike was recovered from another house, and that the only link to him is a confessional statement by another accused. The State opposed bail. After hearing both sides, the Court, applying Section 482(2) of the B.N.S.S., ordered that the petitioner be released on anticipatory bail upon surrendering within four weeks and furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions. The order emphasizes that no material evidence other than the confessional statement ties the petitioner to the offence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations and the confessional statement.
- Whether the confessional statement of another accused is sufficient ground to deny bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2), 303(2), 316(2), 317(5), 318(4), 482(2)
Subjects
- anticipatory bail
- B.N.S. 2023
- confessional statement
- stolen vehicle
- bail bond
- section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7009 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Bipin Kumar Son of Karu Yadav Resident of Village- Chautha, P.S.- Rajauli,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Rajauli P.S. Case No. 441 of 2025 instituted
for the offence under Sections 303(2), 317(5), 111(2), 316(2),
318(4) of the B.N.S., 2023.
3. The case of the prosecution in short is that stolen
bike was kept with Bipin Kumar (the petitioner) for sale.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
Patna High Court CR. MISC. No.7009 of 2026(2) dt.09-02-2026
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case. He also submits that from perusal of the seizure list, it
will transpire that the recovery of the said bike was made from
the house of Manoj. He also submits that the FIR was not
against the petitioner but during the course of investigation, one
Amit has named the petitioner in his confessional statement.
Save and except the confessional statement, there is nothing
against the petitioner. No recovery has been made from the
possession of the petitioner. He further submits that a statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or
surrender in connection with Rajauli P.S. Case No. 441 of
2025, he will be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Nawada subject to the conditions as laid down
Patna High Court CR. MISC. No.7009 of 2026(2) dt.09-02-2026
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under section 482(2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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