Patna High Court

Nandan Kumar @ Nand KumarversusThe State Of Bihar

Decided: 27 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Nandan Kumar, sought bail in a case registered as Kasba P.S. Case No. 241 of 2025, alleged to involve theft of a bike and cash under Sections 309(4) and 3(5) of the B.N.S. The prosecution claimed two unknown persons stole the bike and cash, and that the petitioner, a staff member of the informant, was implicated based on the confessional statement of co‑accused Md. Salil. The petitioner argued he was innocent, had no criminal antecedent, and was being implicated solely on the co‑accused’s confession, noting that a similarly situated co‑accused, Md. Sahil, had already been granted bail. The State opposed the bail application. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the confessional statements of co‑accused.
Whether the precedent of bail granted to a similarly situated co‑accused is applicable.
Whether the allegations under Sections 309(4) and 3(5) of the B.N.S. justify denial of bail.

Legislation cited

B.N.S. — s. 309(4), 3(5)

Subjects

bail
confessional statement
co‑accused
precedent
Section 309
Section 3
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81139 of 2025
                         Arising Out of PS. Case No.-241 Year-2025 Thana- KASBA District- Purnia
                 ======================================================
                 Nandan Kumar @ Nand Kumar S/o- Birendra Yadav @ Virendra Kumar
                 Yadav R/v- Malhariya ward no. 7 Ps- Kasba Dsitrict- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   27-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kasba P.S. Case No. 241 of 2025 registered for the

                   offence punishable under Sections 309(4) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that two

                   unknown miscreants have taken the bike and the cash kept in

                   the dickey of the bike. The informant was going to deposit Rs.

                   3,20,000/- which was kept in his dickey. It is alleged that the

                   petitioner is the staff of the informant.

                                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
Patna High Court CR. MISC. No.81139 of 2025(3) dt.27-01-2026
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          case. Learned counsel for the petitioner has further submitted

          that he has been made accused on the basis of confessional

          statement of co-accused Md. Salil who has stated that the

          petitioner has given him the cash. There is also the

          confessional statement of this petitioner that he has handed

          over the cash to Md. Sahil. It is further submitted that the

          recovery was made from the possession of Sahil. It is also

          submitted that similarly situated Md. Sahil has already been

          granted bail by this Court vide order dated 19.01.2026 passed

          in Cr. Misc. No. 76381 of 2025. The case of this petitioner

          stands on similar footing. A statement has been made in para-3

          of this petition that the petitioner has got no criminal

          antecedent. Moreover, he is languishing in judicial custody

          since 27.08.2025.

                       5. Learned APP appearing for the State has

          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

          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
            Patna High Court CR. MISC. No.81139 of 2025(3) dt.27-01-2026
                                                        3/3




                      C.J.M., Purnea in connection with Kasba P.S. Case No. 241 of

                      2025.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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