Patna High Court

Nandlal KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Nandlal Kumar, was arrested in connection with a robbery alleged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, where three miscreants allegedly snatched a bag containing Rs. 55,186 and documents. The petitioner contended that he was falsely implicated, not named in the FIR, and was arrested solely on a self‑confession that lacks evidentiary value, with no incriminating material recovered from his possession. He also highlighted his clean record and that a co‑accused had already been granted regular bail. The State opposed bail, but the Court, considering the lack of material evidence, the questionable basis of the confession, and the period of custody already served, decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the charge under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.
Whether a self‑confession made before police, without corroborating material, can justify continued detention.
Whether the absence of recovered incriminating articles and the petitioner's clean antecedent warrant bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(6)

Subjects

bail
self‑confession
theft
criminal procedure
Bharatiya Nyaya Sanhita
Section 309(6)
Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74474 of 2025
                  Arising Out of PS. Case No.-452 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Nandlal Kumar S/o- Rampravesh Yadav R/v- Serthua Ps- Tehata Dist-
                 Jehanabad


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   06-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Makhdumpur (Tehta) P.S. Case No. 452 of 2025, instituted for

                   the offences punishable under Section 309(6) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that three

                   miscreants stopped the motorcycle of the informant and, on the

                   point of pistol, they snatched the bag containing Rs. 55,186/-

                   along with tab, bio-metric, charge and other documents and fled

                   away from the spot.
Patna High Court CR. MISC. No.74474 of 2025(5) dt.06-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner is not named in the FIR. The

          petitioner has been arrested on the basis of self-confession made

          before the police and the same has got no evidentiary value. It is

          next submitted that no looted article has been recovered from

          the possession of the petitioner. The petitioner is in custody

          since 25.06.2025 and has got no criminal antecedent. Learned

          counsel for the petitioner further submitted that other co-

          accused has been granted regular bail by this Court vide order

          dated 13.10.2025 passed in Cr. Misc. No. 71207 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.74474 of 2025(5) dt.06-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Makhdumpur (Tehta)

                       P.S. Case No. 452 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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