Patna High Court
Jaiprakash Singh @ Jaiprakash KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner on the ground that the prosecution’s case rests solely on a confessional statement and lacks any material implicating him.
Summary
The petitioner, Jaiprakash Singh, feared arrest in a case registered under Sections 317(4), 317(5) and 3(5) of the B.N.S. following a police check that led to the seizure of a stolen motorcycle from a co‑accused. The prosecution’s case relied solely on a confessional statement made by another accused, Aslam Alam, and no material linked the petitioner to the offence nor were any stolen articles recovered from him. The petitioner asserted his innocence, highlighted that his name did not appear in the FIR, and pointed to his clean antecedents. The State opposed the petition for anticipatory bail, arguing the seriousness of the charges. The Court, considering the lack of substantive evidence against the petitioner, the general nature of the accusation, and his clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the conditions of Section 482(2) of the B.N.S.S.
Issues considered
- What is the adequacy of a confessional statement of a co‑accused as the sole basis for denying anticipatory bail?
- Whether the petitioner, not named in the FIR and with no material linking him to the offence, is entitled to anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- confessional statement
- clean antecedents
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85578 of 2025
Arising Out of PS. Case No.-666 Year-2024 Thana- MAJHAULIA District- West Champaran
======================================================
Jaiprakash Singh @ Jaiprakash Kushwaha S/O Khedu Bhagat @ Khedu
Singh R/O Village- Matholohiyar Chhotwaniya Tola, P.S- Harsidhi, Dist.-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Priyesh Kumar, Advocate
For the State : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 317(4),
317(5) and 3(5) of the B.N.S..
3. As per prosecution case, as on 11.04.2024, during
checking, co-accused Ramdev Mahato was apprehended with a
stolen motorcycle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Patna High Court CR. MISC. No.85578 of 2025(2) dt.17-01-2026
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Name of petitioner transpired in this case during course of
investigation only on the basis of confessional statement of one
Aslam Alam. Save and except confessional statement, there is
no material on record to show the complicity of this petitioner in
the alleged offence. No stolen articles were recovered from
possession of this petitioner. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
West Champaran in connection with Majhauliya P.S. Case No.
666 of 2024, subject to condition as laid down under Section
Patna High Court CR. MISC. No.85578 of 2025(2) dt.17-01-2026
3/3
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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