Patna High Court
Arun RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner as no incriminating material linked him to the offence and the investigation was complete.
Summary
Arun Ray, who was not named in the FIR, was arrested in connection with a 2019 murder case (Sadar P.S. Case No.555) involving offences under Section 302 IPC and Section 27 of the Arms Act. The prosecution’s case relied solely on a confessional statement of a co‑accused, Varun Kumar, and no other incriminating material linking the petitioner to the crime was found during the investigation, which has already been completed and a charge‑sheet filed. The petitioner, in custody since 22 May 2025, sought bail, arguing that the confessional statement alone has no evidentiary value. The State opposed the bail. The Court held that, in the absence of any material evidence against the petitioner and given the completed investigation, bail should be granted subject to the conditions of Section 437(3) CrPC and Section 480(3) BNSS. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted when the only basis for accusation is a confessional statement of a co‑accused and no other incriminating material is found.
- Whether the completion of investigation and filing of charge‑sheet precludes the risk of tampering with evidence, justifying bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 302
Subjects
- bail
- confessional statement
- Section 302 IPC
- Section 27 Arms Act
- Criminal Procedure
- investigation
- murder
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79637 of 2025
Arising Out of PS. Case No.-555 Year-2019 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Arun Ray, Son of Late Yugeshwar Ray, Resident of Village-Jehanabad, P.S.-
Lalganj, Dist- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Sadar P.S. Case No.555 of 2019, corresponding to G.R.
No.7444 of 2019 registered for the offences punishable under
Section 302 of the Indian Penal Code (in short ‘IPC’) and
Section 27 of the Arms Act.
3. The accused/petitioner is not named in the FIR
and is in custody since 22.05.2025.
4. As per FIR, some miscreants committed murder
of son of the informant by causing firearm injury.
5. It is submitted by learned counsel appearing for
petitioner that name of this petitioner transpired during
Patna High Court CR. MISC. No.79637 of 2025(2) dt.10-02-2026
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course of investigation on the basis of confessional statement
of co-accused Varun Kumar @ Varun Paswan, in furtherance
of which no incriminating material appears
surfaced/recovered during investigation as to connect
petitioner prima facie with present crime in question. It is
submitted that said co-accused Varun Kumar @ Varun
Paswan has already granted bail by this Court through Cr.
Misc. No.9594 of 2022 dated 28.11.2022. While concluding
argument, it is submitted that investigation of this case is
already completed, for which, charge-sheet has been
submitted and, as such, there is no chance of tampering with
the evidence. Explaining criminal antecedent, it is submitted
that petitioner found involved in three more criminal cases,
where he is on bail and in maximum of cases, the name of this
petitioner transpired on the basis of confessional statement,
as of present case, having no evidentiary value under the law.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as save and except confessional statement
Patna High Court CR. MISC. No.79637 of 2025(2) dt.10-02-2026
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of co-accused, as mentioned aforesaid, prima facie nothing
incriminating appears against petitioner during investigation
as to connect him with present crime in question, coupled with
the fact that investigation of this case is already completed,
where petitioner remains in custody since 22.05.2025,
accordingly, the petitioner, above-named, is directed to be
released on bail furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate,
Vaishali at Hajipur/concerned court in connection with Sadar
P.S. Case No.555 of 2019 corresponding to G.R. No.7444 of
2019, subject to the conditions as laid down under Section
437(3) of the Code of Criminal Procedure (for short
‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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