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Patna High Court

Parambir Kumar @ Sonu @ Paramjit @ Male @ ParjitversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that no prima‑facie incriminating material connects the petitioner to the offence and therefore granted bail.

Summary

The petitioner, Parambir Kumar, was arrested in connection with a robbery of jewellery from Jiva Jewellery Shop and has been in custody since 3 September 2025. He is charged under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, but his name does not appear in the FIR; the only link is a confessional statement of co‑accused Suraj Kumar. The petitioner argued that no material evidence ties him to the crime, that he has a clean antecedent, and that similar co‑accused have already been granted bail. The State opposed bail. The court found no prima‑facie incriminating material against the petitioner, noted the prolonged custody, and ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether the petitioner’s arrest and continued custody are justified in the absence of any incriminating material beyond a co‑accused’s confession.
  • Whether a prima‑facie case exists to deny bail under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita.
  • Whether the conditions of Section 480(3) of the B.N.S.S. permit the grant of bail in this case.

Legislation cited

Subjects

  • bail
  • confessional statement
  • prima facie case
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • investigation
  • surety
  • Section 480(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77433 of 2025
                        Arising Out of PS. Case No.-98 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Parambir Kumar @ Sonu @ Paramjit @ Parjit, S/o Umesh Kumar Singh, R/o
                 Ward No. 07, Latiyarganj, Karbasin, P.S. - Azimabad, District -Bhojpur
                                                                                ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Kant, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No.1, 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 03.09.2025.

                                 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.77433 of 2025(2) dt.06-02-2026
                                            2/3




          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

          03.09.2025, 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,
         Patna High Court CR. MISC. No.77433 of 2025(2) dt.06-02-2026
                                                     3/3




                   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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