Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court held that bail must be granted as the only evidence against the petitioner is the co‑accused’s confessional statement, which lacks evidentiary value.

Summary

Vishal Kumar sought bail in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of a golden chain, a motorcycle and cash. The FIR does not name him; his name appears only in the confessional statement of co‑accused Akash Choudhary, which the petitioner argued has no evidentiary value. No other material links the petitioner to the offence and no property was recovered from him. The State opposed bail. The Court, noting that the sole link is the co‑accused’s confession and that such a statement alone is insufficient to justify detention, granted bail subject to a bond of Rs.10,000, two sureties, and conditions under Section 438(2) Cr.P.C and Section 482(2) BNSS, 2023, including a family member as bailor and cooperation with investigation.

Issues considered

Whether a confessional statement of a co‑accused, without any other corroborative material, is sufficient ground to deny bail.
Whether bail can be granted under Section 438(2) of the Cr.P.C and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
confessional statement
evidentiary value
Section 309
Bharatiya Nyaya Sanhita
Criminal Procedure Code
Bharatiya Nagarik Suraksha Sanhita
co‑accused

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7627 of 2026
                     Arising Out of PS. Case No.-281 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Vishal Kumar Son of Algu Singh Resident of Village - Ganjhar Par, Police
                 Station - Dhangai, District - Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                   2.      The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 309(4) of the

                   Bharatiya Nyaya Sanhita, 2023.

                   3.      The allegation in the first information report is that four

                   boys came on motorcycle and snatched away golden chain,

                   motorcycle and cash worth of Rs.4500/-.

                   4.      It is submitted by learned counsel for the petitioner that

                   the petitioner is not named in the F.I.R. and his name transpired

                   in this case on the confessional statement of co-accused, Akash

                   Choudhary, which has no evidentiary value in the eye of law. It

                   is further submitted that except the confessional statement of

                   the co-accused, there is no material on record to establish the
            Patna High Court CR. MISC. No.7627 of 2026(2) dt.04-02-2026
                                                        2/2




                      complicity of the petitioner. No recovery has been made either

                      from the house of the petitioner or his conscious possession.

                      5.        Learned APP for the State opposed the prayer for bail.

                      6.       Taking into consideration the facts and circumstances of

                      the case and also considering the fact that the name of the

                      petitioner has transpired in this case on the confessional

                      statement of the co-accused, let the above named petitioner, be

                      released on bail, in the event of his arrest or surrender before

                      the learned Court below within a period of four weeks from

                      today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Jagdishpur P.S.

                      Case No. 281 of 2025, subject to the condition as laid down

                      under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the

                      Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to

                      further condition that

                      (i) One of the bailors would be family members/close relative

                      of the petitioner.

                      (ii) The petitioner would cooperate investigation/trial.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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