Patna High Court

Manjit KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Manjit Kumar, was arrested in connection with a robbery and assault case (PS Ariyari Case No. 65 of 2025) alleged to have occurred on 19 May 2025. He contended that he was falsely implicated, noting that the FIR does not name him and that the only link to him is a confessional statement of co‑accused Shambhu Kumar, who had already been granted bail. No incriminating material was recovered from the petitioner’s possession. The State opposed the bail on the ground of the seriousness of the offences punishable under Section 309 of the BNS. The Court, after considering the lack of direct evidence against the petitioner and his custody since 11 July 2025, ordered his release on regular bail subject to a bond of Rs.10,000 with two sureties and conditions of appearance. The bail was granted with a warning that failure to appear on two consecutive dates could lead to cancellation of the bond.

Issues considered

Whether the petitioner is entitled to regular bail under Section 309 of the BNS despite being implicated only through a co‑accused's confessional statement.
Whether the absence of direct incriminating evidence justifies the grant of bail.

Legislation cited

BNS — s. 309

Subjects

regular bail
Section 309
confessional statement
false implication
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70112 of 2025
                      Arising Out of PS. Case No.-65 Year-2025 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Manjit Kumar S/o- Sikandar Ram Resident of vill-Sohdi PS- Ariyari Dist-
                 Sheikihpura
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Kumari Anupam
                 For the Opposite Party/s :        Mr. Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   13-01-2026                         Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail in

                   connection with Ariyari P.S. Case No. 65 of 2025, registered for the

                   offences punishable under Section 309 of the BNS.

                                   3. As per allegation, on 19.05.2025, the informant was

                   intercepted near Ariyari petrol pump by four unidentified men on

                   motorcycles who assaulted him with sticks, causing severe head

                   injuries. The assailants looted Rs. 2,000/-, his mobile and motorcycle

                   and fled away.

                                 4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the

                   present case. It has further been submitted that the FIR has been

                   lodged against unknown persons and the petitioner is not named in

                   the FIR. Name of the petitioner has been transpired on the basis of
             Patna High Court CR. MISC. No.70112 of 2025(2) dt.13-01-2026
                                                         2/2




                       confessional statement of co-accused Shambhu Kumar, who has been

                       granted bail by a co-ordinate Bench of this Court. No incriminating

                       article has been recovered from the possession of the petitioner and

                       except confessional statement of co-accused, there is nothing in

                       against him in the entire investigation, to show his involvement in the

                       present case. The petitioner is in custody since 11.07.2025.

                                     5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named be released on bail on

                       furnishing bail bonds of Rs.10,000/- with two sureties of the like

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

                       connection with Ariyari P.S. Case No. 65 of 2025, subject to the

                       condition that the petitioner shall cooperate in the disposal of trial

                       and make himself available as and when required by the court.

                                     7. The petitioner shall physically appear before the

                       learned court below on each and every date. In case of failure on

                       two consecutive dates, unless he is prevented by extremely

                       adverse circumstances, the learned court below will be at liberty

                       to cancel the bail bonds of the petitioner.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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