Patna High Court
Durgesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
Durgesh Kumar was arrested in connection with a case of loot and alleged involvement in offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that nine miscreants stole a motorcycle, mobile phones and cash, but the petitioner claimed he was falsely implicated, not named in the FIR, and that the only basis for his inclusion was a self‑confession in an unrelated case which the petitioner argued had no evidentiary value. No incriminating material was recovered from his possession and no T.I. parade had been conducted. The State opposed bail, while the petitioner’s counsel highlighted his four prior criminal antecedents and the length of his custody since July 2025. The Court, considering the lack of material evidence and the circumstances of his custody, granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and an order to appear at every trial date.
Issues considered
- Whether bail should be granted to the petitioner under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.
- Whether a self‑confession made in an unrelated case can be used to justify continued detention.
- Whether the absence of recovered incriminating material and lack of a T.I. parade warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- bail
- Section 310(2) BNS
- criminal procedure
- self‑confession
- evidentiary value
- antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80341 of 2025
Arising Out of PS. Case No.-54 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
Durgesh Kumar S/o Sunil Chaudhary Resident of Village - Ward no. 03,
Bhadaeya, P.S - Mohiuddin Nagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Vidyapati Nagar P.S. Case No. 54 of 2025, instituted for the
offences punishable under Section 310(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that nine
miscreants stopped the informant and committed loot of his
motorcycle, mobile phones and cash of Rs. 2200/- from his
wife.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.80341 of 2025(3) dt.11-02-2026
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possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of self-
confession made in Mohuddin Nagar P.S. Case No. 75 of 2025
and the same has got no evidentiary value. It is further
submitted that neither any looted article has been recovered
from the possession of the petitioner nor any T.I. parade has
been conducted in this case. The petitioner is in custody since
01.07.2025 and has got four criminal antecedents.
5. Learned APP 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 and taking into account 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 the
like amount each to the satisfaction of Court below/concerned
Court in connection with Vidyapati Nagar P.S. Case No. 54 of
2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.80341 of 2025(3) dt.11-02-2026
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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