Patna High Court

Bali Bhuiyan @ Lulha @ Dilip BhuiyanversusThe State of Bihar

Decided: 12 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, subject to a bond and conditions of cooperation and appearance.

Summary

The petitioner, Bali Bhuiyan, was charged under Section 310(2) of the B.N.S., 2023 for allegedly participating in a robbery in which seven assailants overpowered a woman and stole Rs. 91,000. The prosecution’s case rests on a confessional statement by the petitioner, while the petitioner claims he was falsely implicated and that the FIR was lodged against unknown miscreants. He has been in judicial custody since 8 May 2025 and the State highlighted his alleged five prior criminal cases. The petitioner’s counsel argued there is no material evidence against him apart from the confession and that he has cooperated with the investigation. After hearing both sides, the court considered the circumstances, the lack of recovery of any property from the petitioner, and his right to liberty, and consequently ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to his cooperation and appearance in court.

Issues considered

Whether bail should be granted to the petitioner charged under Section 310(2) of the B.N.S., 2023 despite a confessional statement and alleged prior criminal antecedents.

Legislation cited

B.N.S., 2023 — s. 310(2)

Subjects

bail
criminal procedure
Section 310(2)
confessional statement
judicial custody
prior criminal antecedents
robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7711 of 2026
                         Arising Out of PS. Case No.-41 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Bali Bhuiyan @ Lulha @ Dilip Bhuiyan son of Late Fakirchand Bhuiyan
                 Resident of Village -Mohabbtapur PS -Sherghati Distt -Gaya
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                  Heard Mr. Paras Nath, learned counsel for the petitioner

                   and Mr. Rajendra Prasad Nat, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Gurua P.S. Case No. 41 of 2025 registered for the offence

                   punishable under Section 310(2) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that while the

                   informant was alone in her house along with her children, seven

                   criminal entered into her house overpowered her on the point of

                   arms and they took altogether Rs. 91,000/- from their CSP Center.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that the FIR was lodged against unknown miscreants.

                   During the course of investigation, the petitioner was remanded in

                   this case from Gurua P.S. Case No. 72 of 2025, wherein he has
           Patna High Court CR. MISC. No.7711 of 2026(2) dt.12-02-2026
                                                       2/2




                     given his confessional             statement. Save and except   the

                     confessional statement of the petitioner, there is nothing against

                     him. No recovery has been made from the possession of the

                     petitioner. He further submits that the petitioner is languishing in

                     judicial custody since 08.05.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of five cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition that

                     the petitioner shall cooperate in the trial and shall remain

                     physically present on each and every date fixed by the learned

                     trial court. The above named petitioner is directed to be enlarged

                     on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

                     only) with two sureties of the like amount each to the satisfaction

                     of the learned Chief Judicial Magistrate, Sherghati, Gaya in

                     connection with Gurua P.S. Case No. 41 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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