Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a cash bond and prescribed conditions.
Summary
Prem Kumar applied for bail in a case (Sadar P.S. Case No. 222 of 2025) involving alleged theft and house‑breaking offences under Sections 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based solely on the confessional statement of co‑accused Naveen Kumar, who named Prem Kumar and his wife as associates; the petitioner’s name does not appear in the FIR and no stolen property was recovered from him. The petitioner argued that he was falsely implicated, that no T.I.P. had been conducted, and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody since May 2025, and the procedural lapses, the Court inclined to grant bail subject to a cash bond and standard conditions. The bail order was issued, directing the petitioner to appear at trial and prohibiting tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner when the case is based solely on a co‑accused’s confessional statement and no material evidence is recovered.
- Whether the State’s failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
- Whether the offences under Sections 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023, justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 317(4), 317(5)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- Section 103
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- theft
- house breaking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78573 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Prem Kumar S/o Late Gyan Chandra Das Resident of of village- Guljarbad,
ward no 20, P.S. Madhepura, District- Purnea, presently Resident of sardar
Tola, P.S.- Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr.Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Sadar
P.S. Case No. 222 of 2025, instituted for the offences under
Sections 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that informant of this
case received information that co-accused Naveen Kumar and
Aarti Kumar along with his associates are involved in repeated
thefts and house breaking incidence. Thereafter, co-accused
Naveen Kumar was apprehended, who disclosed the name of
petitioner and his wife as his associate.
4. Learned counsel for the petitioner submitted that the
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petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Naveen Kumar. No incriminating/looted article
has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that petitioner has
got no concern with the stolen property. Learned counsel further
submitted that T.I.P. has not been conducted till date to ascertain
the involvement of the petitioner in the alleged offence.
Charge-sheet has been submitted in this case. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 02.05.2025 and has two criminal antecedents.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
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the like amount each to the satisfaction of Court
below/concerned Court in connection with Sadar P.S. Case No.
222 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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