Patna High Court
Deepak Kumar @ Deepak Pandey @ Deepak Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petition for bail is granted as the confessional statement of a co‑accused alone does not constitute prima facie evidence of guilt.
Summary
The petitioner, Deepak Kumar Pandey, was arrested in connection with a robbery of jewellery from Jiva Jewellery Shop, alleged under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita. He is not named in the FIR and his alleged involvement rests solely on a confessional statement of co‑accused Suraj Kumar, with no material evidence linking him to the crime. The petitioner argued that he has a clean antecedent, the investigation is complete, and there is no risk of evidence tampering, citing that similarly situated co‑accused have already been granted bail. The State opposed bail, contending that the confession creates sufficient suspicion. The Court held that the confession of a co‑accused, without corroborative material, does not constitute prima facie evidence, and therefore the petitioner is entitled to bail, subject to the conditions of Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail despite the confessional statement of a co‑accused under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita
- Whether the absence of material evidence and the petitioner’s clean antecedent justify the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2), 317(3), 480(3)
Subjects
- bail
- confessional statement
- prima facie evidence
- criminal procedure
- Sections 310, 317, 480
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.710 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- DANAPUR District- Patna
======================================================
Deepak Kumar @ Deepak Pandey @ Deepak Kumar Pandey, Son of
Shrinivas Pandey @ Niwash Pandey, Resident of Village-Narayanpur, P.S.-
Narayanpur, District- Bhojpur (Ara).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Danapur
P.S. Case No. 98 of 2025 registered for the offences under
Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita.
3. The petitioner is not named in the F.I.R. and is in
custody since 17.04.2025.
4. As per FIR five miscreants looted jewellery from the
shop of informant namely, M/s. Jiva Jewellery Shop on gun point.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of petitioner transpires in the present
case on the basis of confessional statement of co-accused Suraj
Kumar, in furtherance of which, no incriminating material
recovered/surfaced as to connect this petitioner with the present
Patna High Court CR. MISC. No.710 of 2026(2) dt.06-02-2026
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crime in question. It is also submitted that petitioner was not put
on TIP as yet. It is pointed out that similarly situated co-accused
persons from whose possession looted jewelry was recovered have
already granted bail by one of the learned Co-ordinate Bench of
this Court through Cr. Misc. No. 38130 of 2025 vide order dated
06.08.2025. While concluding the argument, it is submitted that
petitioner is a man of clean antecedent and moreover investigation
of this case is already completed, and as such, there is no chance
of tampering with the evidence.
6. Learned APP appearing on behalf of the State
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of fact as save and except suspicion arising out of
confessional statement of apprehended co-accused person namely
Suraj Kumar, nothing prima-facie incriminating appears as to
connect this petitioner with the present crime in question, coupled
with the fact as petitioner remains in custody since 17.04.2025,
accordingly, above named petitioner is directed to be released on
bail in connection with Danapur P.S. Case No. 98 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-I, Danapur/concerned court,
Patna High Court CR. MISC. No.710 of 2026(2) dt.06-02-2026
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subject to the conditions as mentioned under Section 480(3) of
the B.N.S.S.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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