Patna High Court
Prem Kumar @ TeniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
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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