Created by Fuzzy Cloud

Patna High Court

Priyanshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
               Patna High Court CR. MISC. No.81780 of 2025(3) dt.31-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.