Patna High Court

Mintu KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner.

Summary

Mintu Kumar was arrested in connection with a robbery case (Naubatpur P.S. Case No. 87 of 2025) under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, although his name does not appear in the FIR. He has been in custody since 9 March 2025. The only link to him is a confessional statement made by co‑accused Parvez Alam, which the petitioner argues is insufficient to sustain the charge. The State opposed bail, but the court noted the lack of any other incriminating material, the petitioner’s clean antecedent, and the prolonged detention. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 480(3) of the B.N.S.S.

Issues considered

Whether bail should be granted when the petitioner is implicated solely by a co‑accused’s confessional statement and is not named in the FIR
Whether the prolonged pre‑trial custody justifies the grant of bail
Whether the investigation being completed affects the bail decision under Section 309(6) B.N.S.S.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 480(3)

Subjects

bail
robbery
confessional statement
co‑accused
Section 309
Section 480
pre‑trial detention
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 85234 of 2025
                      Arising Out of PS. Case No.-87 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Mintu Kumar Son of Dwarika Prasad @ Dwarika Yadav, Resident of Village -
                 Chakiyapar Chak Chechaul, P.S.- Naubatpur, District - Patna.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhola Prasad, Advocate
                 For the Opposite Party/s :      Ms.Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with

                   Naubatpur P.S. Case No. 87 of 2025 registered for the

                   offences under Section 309(6) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The petitioner is not named in the F.I.R. and is in

                   custody since 09.03.2025.

                                 4. As per FIR, some unknown miscreants looted

                   truck of the informant along with cash of Rs. 6,000/- and also

                   snatched his mobile.

                                5. Learned counsel appearing on behalf of the

                   petitioner submitted that name of this petitioner transpired in

                   this case during investigation on the basis of confessional
Patna High Court CR. MISC. No. 85234 of 2025(2) dt.10-02-2026
                                            2/3




          statement of co-accused Parvez Alam, in furtherance of which

          nothing incriminating recovered/surfaced as to connect this

          petitioner with the present occurrence of robbery. It is also

          pointed out that looted truck appears to be recovered from

          co-accused Parvej Alam. It is also submitted that petitioner

          was not put on TIP as yet. While concluding the argument it is

          submitted that investigation of this case has already

          completed, and as such, there is no chance of tampering with

          the evidence and, moreover, petitioner is a man of clean

          antecedent.

                       6. Learned APP appearing on behalf of the State,

          opposes the prayer for bail.

                       7. In view of aforesaid factual submission and by

          taking note of fact as save and except suspicion arising out of

          confessional statement of co-accused prima-facie nothing

          incriminating appears suggesting implication of petitioner with

          present occurrence of robbery, coupled with the fact as

          petitioner remains in custody since 09.03.2025, accordingly

          above named petitioner, is directed to be released on bail in

          connection with Naubatpur P.S. Case No. 87 of 2025 on
              Patna High Court CR. MISC. No. 85234 of 2025(2) dt.10-02-2026
                                                          3/3




                        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.-VI,        Danapur,        District-Patna/concerned

                        court, subject to the conditions as mentioned under Section

                        480(3) of the B.N.S.S.



                                               (Chandra Shekhar Jha, J)
veena/-

U         T

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