Patna High Court
Binit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Binit Kumar, sought bail in a case registered as Lohiyanagar P.S. Case No. 93 of 2025, which involved alleged offences under Sections 140(2), 61(2), 103(1), 238 and 3(5) of the B.N.S. The prosecution alleged that the petitioner was involved in a money‑demand incident linked to the informant’s son and a co‑accused, Guddu Paswan. The petitioner contended that he was falsely implicated, with only the confessional statement of co‑accused Abhinav Kumar naming him, and that he had been in judicial custody since 4 September 2025. The State opposed bail, arguing the seriousness of the charges. After hearing both sides, the court found insufficient direct evidence against the petitioner and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be satisfied before the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations and the co‑accused’s confessional statement naming him
Legislation cited
- B.N.S. — s. 103(1), 140(2), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- false implication
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7748 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Binit Kumar, S/O Deepak Ranjan @ Deepak Singh, R/O Vill.- Sakarwar Tola,
Ward no. 15, P.S.- Mokamah, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Mayank Raj, Advocate
Mr. Rahul Singh, Advocate
Mr. Adarsh Prasar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Lohiyanagar P.S. Case No. 93 of 2025 registered for the
offence punishable under Sections 140(2) of B.N.S. and later on
Sections 61(2), 103(1), 238 and 3(5) of BNS were also added.
3. The case of the prosecution, in short, is that the son
of the informant has gone to fetch vegetables with one Guddu
Paswan. When he did not return for a considerable moment, a
call was received on the mobile of Guddu Paswan with a request
to connect him with the informant. When the informant talked
his son, he disclosed that send Rs. 5 lakh. After this, the phone
Patna High Court CR. MISC. No.7748 of 2026(2) dt.06-02-2026
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was disconnected. The informant asked Guddu Paswan, Guddu
Paswan disclosed that Bhola Mahto, the son of the informant
(deceased) boarded in a vehicle at smart point and has gone
somewhere. After this, the informant called his son then the
deceased said that come with Rs. 5 lakh, he is being assaulted.
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. His name has been disclosed by co-accused Abhinav
Kumar in his confessional statement. Save and except the
confessional statement of co-accused, there is nothing against
the petitioner. It has also been submitted that co-accused
Abhinav Kumar, in whose confessional statement the name of
this petitioner has surfaced, has been granted bail by this Court
vide Cr. Misc. No. 80814 of 2025. Moreover, petitioner is
languishing in judicial custody since 04.09.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail.
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. The above named
Patna High Court CR. MISC. No.7748 of 2026(2) dt.06-02-2026
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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, Begusarai in connection with Lohiyanagar
P.S. Case No. 93 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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