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Patna High Court

Jaiprakash Singh @ Jaiprakash KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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