Patna High Court
Priyanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Petitioner Priyanshu Kumar was arrested on 19 June 2025 in connection with FIR No. 17 of 2025 for offences under Sections 304 and 305(c) of the B.N.S. He sought bail, claiming a clean antecedent and that his name was derived only from the confessional statement of a co‑accused, with no material recovered from his possession and no TIP conducted by the police. The State opposed the bail. The Court, noting the petitioner’s clean record, the reliance on a co‑accused’s confession, and the absence of a TIP, ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of antecedents. The bail bond was to be accepted without delay for verification. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 304 and 305(c) of the B.N.S.
- Whether the reliance on a co‑accused’s confessional statement and the lack of a TIP justify bail.
- Whether the petitioner’s clean antecedent warrants bail.
Subjects
- bail
- criminal procedure
- Sections 304, 305(c) B.N.S.
- confessional statement
- clean antecedent
- TIP
- co‑accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81780 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- RAIL HASANPUR District- Samastipur
======================================================
Priyanshu Kumar S/O Sri Pramnand Yadav @ Parmanand Yadav Resident of
Village- Garhi Bishanpur ( Vishanpur), P.S.Hasanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the State : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Manish Kumar No 13, learned counsel for
the petitioner and Mr. Sanjay Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
19.06.2025, in connection with Rail Hasanpur P.S. Case No. 17
of 2025, F.I.R. dated 18.06.2025 registered for the offences
punishable under Sections 304, 305(c) of the B.N.S.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
petitioner is not named in the F.I.R. and the name of the
petitioner has been transpired on the basis of confessional
statement of co-accused person namely Jigyanshu Kumar @
Patna High Court CR. MISC. No.81780 of 2025(3) dt.31-01-2026
2/3
Golu and nothing has been recovered from the conscious
possession of the petitioner. He further submits that till date no
TIP was conducted by the prosecution and the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 19.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact the petitioner having clean antecedent and the name
of the petitioner has been transpired on the basis of confessional
statement of co-accused person and till date no TIP was
conducted by the prosecution, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., (Railway),
Samastipur in connection with Rail Hasanpur P.S. Case No. 17
of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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