Patna High Court

Suraj Kumar @ Akash KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court held that no prima facie case existed against the petitioner and therefore he was entitled to bail.

Summary

The petitioner, Suraj Kumar, was arrested in connection with a robbery of jewellery from Jiva Jewellery Shop and charged under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita. Although his name does not appear in the FIR, the prosecution relied on CCTV footage and a recorded self‑confession, but no physical evidence linked him to the crime. The petitioner argued that similar co‑accused had already been granted bail and that he was already on bail in another case, contending there was no risk of tampering with evidence. The State opposed bail, citing the confession. The Court held that, apart from the self‑confession, there was no prima‑facie material to connect the petitioner to the offence and, given his prolonged custody, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to the conditions of Section 480(3) of the B.N.S.S.

Issues considered

Whether the petitioner is prima facie connected to the offences under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita.
Whether a self‑confession without corroborating material suffices to deny bail.
Whether the conditions of Section 480(3) of the B.N.S.S. justify granting bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 310(2), 317(3), 480(3)

Subjects

bail
self‑confession
prima facie evidence
Bharatiya Nyaya Sanhita
Section 480(3)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74623 of 2025
                        Arising Out of PS. Case No.-98 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Suraj Kumar @ Akash Kumar, S/o Nirmal Singh, R/o Village-Latiyarganj,
                 P.S.- Azimabad, Dist- Bhojpur
                                                                        ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajendra Nath Sinha, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, 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 10.02.2025.

                                 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 on the basis of

                   CCTV footage and confessed his involvement with crime in

                   question while recording self-confession, in furtherance of which,

                   no incriminating material recovered/surfaced as to connect this
Patna High Court CR. MISC. No.74623 of 2025(2) dt.06-02-2026
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          petitioner with the present 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 found involved in one

          more criminal case, where he is on bail 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 self-confession of petitioner,

          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 10.02.2025, accordingly,

          above named petitioner is directed to be released on bail in

          connection with Session Trial No.1779 of 2025 arising out of

          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 Sessions
           Patna High Court CR. MISC. No.74623 of 2025(2) dt.06-02-2026
                                                       3/3




                     Judge-1st, Danapur/concerned court, 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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