Patna High Court
Rahul MallikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Rahul Mallik, who is in custody, was charged under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly stealing eight pieces of juck spring. The prosecution’s case rests on a self‑confessional statement to the police and a seizure list that lacks the petitioner’s signature. The petitioner argued that he has a clean antecedent, the seizure list is doubtful, and the self‑confession is inadmissible. The State opposed bail. The court examined these submissions and, noting the lack of substantive corroborative evidence, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including personal appearance at each trial date and verification of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted in a theft case under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the evidence.
- Whether a self‑confessional statement made to police is admissible as evidence for bail considerations.
- Whether the absence of the petitioner’s signature on the seizure list creates sufficient doubt to warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
Subjects
- bail
- criminal procedure
- theft
- self‑confession
- admissibility
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85356 of 2025
Arising Out of PS. Case No.-334 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Rahul Mallik, S/o Anil Mallik, R/o Village - Pokhariya, Ward no. 36, P.S -
Town/Nagar, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Town/Nagar P.S. Case No. 334 of 2025,
corresponding to G.R. Case No. 3691 of 2025 registered for the
offences punishable under Sections 303(2), 317(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioner is that he has committed theft of eight pieces of
juck spring, which were kept confined in the gunny bag,
however, he has been apprehended from the place of
occurrence.
4. The learned counsel for the petitioner submits that
the petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.85356 of 2025(2) dt.06-01-2026
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implicated in this case. Learned counsel for the petitioner
further submits that on perusal of the seizure list, it would be
evident that there is no signature of the petitioner on the same
and, therefore, the seizure also becomes doubtful. It has next
been submitted that the only material against the petitioner is his
self-confessional statement before the police, which is not
admissible in law. It has lastly been submitted that the petitioner
is in custody since 18.08.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Town/Nagar P.S. Case No. 334 of 2025,
corresponding to G.R. Case No. 3691 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
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consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned 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 antecedent, 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.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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