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Patna High Court

Prem Kumar @ TeniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner, finding the evidence insufficient to justify continued custody.

Summary

The petitioner, Prem Kumar, was arrested in September 2025 in connection with a theft of an e‑rickshaw, a mobile phone and cash, alleged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based solely on the confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR. The petitioner asserted that he has no prior criminal record and that his implication is false. The State opposed bail, but the Court considered the lack of direct evidence, the petitioner’s custody duration, and the principle of parity. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties, ordering his release.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of his arrest.
  • Whether the confessional statement of a co‑accused suffices to justify continued detention of the petitioner.

Legislation cited

Subjects

  • bail
  • theft
  • e‑rickshaw
  • false implication
  • confessional statement
  • Bharatiya Nyaya Sanhita
  • Section 309
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83647 of 2025
                      Arising Out of PS. Case No.-66 Year-2025 Thana- Kalyan Bigha District- Nalanda
                 ======================================================
                 Prem Kumar @ Teni S/o Arbind Paswan R/o Village -Near Krishna Garden
                 Marriage Hall,Harnaut, Near - Police Station - Harnaut, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2.       The petitioner seeks bail in connection with Kalyan

                   Bigha P.S. Case No. 66 of 2025 instituted for the offence under

                   Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.

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

                   miscreants took away the e-rickshaw of the informant. It is

                   further alleged that they also took away one mobile phone along

                   with cash of Rs. 1500/-.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 05.09.2025. Petitioner

                   bears no criminal antecedent, as per disclosure made in

                   paragraph No. 3 of the bail application.
           Patna High Court CR. MISC. No.83647 of 2025(3) dt.20-02-2026
                                                       2/2




                             5.      It has been further submitted by the petitioner’s

                     counsel that petitioner has been falsely implicated in the present

                     case. Petitioner is not named in the FIR. Name of the petitioner

                     has transpired on the basis of confessional statement of co-

                     accused. Learned counsel for the petitioner submits that

                     recovery is made from co-accused, namely, Ghanshyam Yadav.

                     Other co-accused has been granted bail by this Court vide order

                     dated 28.01.2026, passed in Cr. Misc. No. 75939 of 2025.

                             6.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             7.      Considering the aforesaid facts and circumstances

                     of the case, period of custody of the petitioner, claim based on

                     parity and manner of petitioner’s implication, this Court is

                     inclined to grant bail to the petitioner.

                             8.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Kalyan Bigha P.S.

                     Case No. 66 of 2025.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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