Patna High Court

Lalu GanjuversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Lalu Ganju, was arrested in connection with a robbery (Section 392 IPC) in which a container truck’s tyre was punctured and cash and a motorcycle were stolen. The prosecution’s case relied on a confessional statement of a co‑accused, Parmeshwar Ganju, and alleged that the petitioner was part of the four miscreants, though no incriminating material was recovered from him and he is not named in the FIR. The petitioner argued that he was falsely implicated, that the co‑accused’s confession lacks evidentiary value, and that he has been in custody since 11‑04‑2025 with only one prior criminal antecedent. The State opposed bail, but the Court considered the lack of direct evidence, the petitioner’s custody period, and the precedent of bail granted to a co‑accused in a similar case. Consequently, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The bail order effectively disposes of the petition.

Issues considered

Whether bail should be granted to an accused in a robbery case under Section 392 IPC when the only evidence is a co‑accused’s confessional statement and no material is recovered from the accused.
Whether the confessional statement of a co‑accused can alone justify the arrest and denial of bail to the petitioner.

Legislation cited

Indian Penal Code — s. 392

Subjects

bail
robbery
IPC 392
Criminal Procedure Code
evidence
confessional statement
co-accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80419 of 2025
                      Arising Out of PS. Case No.-389 Year-2014 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Lalu Ganju S/O Vifan Ganju R/O Village- Kasiadih Tola Dandai, P.S- Vashist
                 Nagar Jori, Distt.- Chatra, Jharkhand.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. S. Jamil Akhter, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   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

                   Barachatti P.S. Case No. 389 of 2014, instituted for the offences

                   punishable under Section 392 of the Indian Penal Code.

                                3. The prosecution case, in short, is that four unknown

                   miscreants after putting an iron nail on the road, punctured the

                   tyre of container truck which was being driven by the informant

                   and snatched Rs. 4,500/- from him and also took away one new

                   motorcycle from the container.

                                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
Patna High Court CR. MISC. No.80419 of 2025(4) dt.11-02-2026
                                            2/3




          incriminating material has been recovered from the conscious

          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

          confessional       statement        made      by     co-accused,   namely,

          Parmeshwar Ganju and the same has got no evidentiary value. It

          is next submitted that the petitioner has been arrested only on

          the basis of suspicion. No any looted article has been recovered

          from the possession of the petitioner. The petitioner is in

          custody since 11.04.2025 and has got one criminal antecedent.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted regular bail by a Co-ordinate Bench of

          this Court vide order dated 10.05.2016 passed in Cr. Misc. No.

          50526 of 2015.

                       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 on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.80419 of 2025(4) dt.11-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Barachatti P.S. Case

                       No. 389 of 2014.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…