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Patna High Court

Karan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner, finding the evidence insufficient to justify continued detention.

Summary

Karan Singh applied for pre‑arrest bail in a case (Buxar Industrial PS No. 183 of 2025) alleging his involvement in the theft of 98 gas‑pipe pieces worth Rs 38 lakhs. The FIR was lodged on 26 July 2025, while the alleged theft occurred on 15 July 2025. The only incriminating material against the petitioner is a confessional statement of co‑accused Virodhi Yadav, which merely mentions that the petitioner instructed the loading of the pipes; no other evidence links him to the crime, and the stolen pipes have since been recovered. The State opposed bail, arguing the petitioner directed the theft. The Court noted the lack of substantive proof beyond the confessional statement and, considering the petitioner’s willingness to cooperate, granted pre‑arrest bail subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • What is the adequacy of the material evidence, particularly a confessional statement, to justify denial of pre‑arrest bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023?

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 482
  • confessional statement
  • insufficient evidence
  • theft of property
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70818 of 2025
                 Arising Out of PS. Case No.-183 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Karan Singh Son of Dinanath Singh Resident of Village - Ramobariya, P.O.-
                 Majharia, P.S.- Buxar Industrial, District - Buxar, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Mishra, Adv.
                                                 Mr. Piyush Saurav, Adv.
                 For the Opposite Party/s :      Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Buxar Industrial P.S. Case No. 183 of 2025, registered for

                   the offences punishable under Sections 112(2) and 303(2) of the

                   BNS, 2023.

                                 3. The informant, Site In-charge in M/s Shanti Infra

                   Construction Pvt. Ltd., Noida involve in installation of gas

                   pipeline from Bihiya to Buxar filed a written report alleging

                   therein that in course of verification, he found that the pipes

                   kept at Dalsagar Toll Plaza, out of which 98 pieces of pipes have

                   been stealthily transported on two truck by driver/owners along

                   with their associates. The cost of the stolen pipes is said to be
Patna High Court CR. MISC. No.70818 of 2025(3) dt.11-02-2026
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          Rs. 38 lakhs.

                       4. Learned Advocate for the petitioner submitted that

          the alleged occurrence took place on 15th of July, 2025, but the

          present FIR came to be instituted on 26 th of July, 2025 without

          there being any plausible explanation. The petitioner is said to

          be working in the State of Odisha engaged in project of

          installation of gas pipeline and only on account of rivalry, the

          name of the petitioner has been dragged in this case. Moreover,

          the petitioner is not named in the FIR, later on one Virodhi

          Yadav was apprehended by the police and for the first time, the

          name of the petitioner has been surfaced in his confessional

          statement. However, even in the confessional statement, it is

          only said that on the instruction of the petitioner, he called the

          truck driver and hydra operator for loading the pipes on the

          truck by disclosing his name as Karan Singh. The mobile

          number which figures in the FIR does not belong to the

          petitioner rather the same is registered in the name of wife of

          Virodhi Yadav. The petitioner though bears one criminal

          antecedent, however, the same is of 2021 and registered under

          Section 420, 467 and 468 of the IPC and he is on bail in the said

          case. It is lastly contended that be that as it may, now the stolen

          pipes have been recovered from West Bengal and none has
Patna High Court CR. MISC. No.70818 of 2025(3) dt.11-02-2026
                                            3/4




          disclosed that it is the petitioner, who has brought the pipe.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          entire allegation of theft of pipe revolves around the petitioner.

          In fact, it is he on whose instruction the entire pipe has been

          stolen and later on, on the confession made by co-accused

          Virodhi Yadav, the same have been recovered from West

          Bengal.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the materials available on record, especially the fact that save

          and except the confessional statement, there is no other material

          suggesting his complicity in the crime, besides the fact that now

          the stolen pipes have been recovered and the petitioner

          undertakes that he will fully co-operate in the proceeding of the

          Court, let the petitioner above named be released on bail, in the

          event of his arrest or surrender before the court below within a

          period of four weeks from the date of receipt/production of a

          copy of this order, upon furnishing bail bonds of Rs.25,000/-

          (twenty-five thousand) with two sureties of the like amount each

          to the satisfaction of the learned Chief Judicial Magistrate,

          Buxar in connection with Buxar Industrial P.S. Case No. 183 of
            Patna High Court CR. MISC. No.70818 of 2025(3) dt.11-02-2026
                                                        4/4




                      2025, subject to the conditions laid down in Section 482(2) of

                      the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further

                      condition that one of the bailors shall be the own/close family

                      members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T


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