Patna High Court
Birendra Ram @ Virendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Birendra Ram, was arrested in connection with Harsidhi Police Station Case No. 72 of 2025 for offences under Section 309(2) of the Bharatiya Nyaya Sanhita, 2023, later amended by Section 309(4). The prosecution alleged that two unknown persons stole Rs.47,450 and a mobile phone, but the petitioner was not named in the FIR and no incriminating material was found in his possession. The petitioner’s alleged involvement rests solely on a confessional statement recorded during a separate arrest (Case No. 108 of 2025), and no TIP has been conducted to identify his role. He has three prior criminal antecedents and has been in custody since 24 April 2025, while a co‑accused, Vishal Kumar, had previously been granted bail. The State opposed bail, but the court, after considering the lack of direct evidence and the petitioner’s circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions. The order also clarified that any observations made therein would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 309(2) of the Bharatiya Nyaya Sanhita, 2023, given the reliance on a confessional statement and the petitioner’s criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(2), 309(4)
Subjects
- bail
- confessional statement
- Section 309
- Bharatiya Nyaya Sanhita
- criminal antecedent
- theft
- trial conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85622 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Birendra Ram @ Virendra Kumar, Son of Chandeshwar Ram, R/o Village -
Manikpur, P.S. - Harsidhi, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 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 Harsidhi P.S. Case No. 72 of 2025 registered
for the offences punishable under Section 309(2) of the
Bharatiya Nyaya Sanhita, 2023. Later on, Section 309(4) of the
Bharatiya Nyaya Sanhita, 2023 was added vide order dated
15.04.2025.
3. As per the prosecution case, the informant has
alleged that two unknown persons have snatched away the
money worth Rs.47,450/- and a mobile phone.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and no incriminating article
has been recovered from his conscious possession. It has further
Patna High Court CR. MISC. No.85622 of 2025(2) dt.08-01-2026
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been submitted that till date no TIP has been conducted in order
to ascertain the identity of the petitioner to be involved in the
present case. It has lastly been submitted that the petitioner has
been implicated in this case on the basis of his confessional
statement recorded during his arrest in Harsidhi P.S. Case No.
108 of 2025. It has also been submitted that other co-accused
person, namely, Vishal Kumar has been granted bail by a Co-
ordinate Bench of this Hon'ble Court vide order dated
17.09.2022 passed in Cr. Misc. No.67451 of 2025. The
petitioner carries three criminal antecedents and is in custody
since 24.04.2025.
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 Harsidhi P.S. Case No. 72 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.
Patna High Court CR. MISC. No.85622 of 2025(2) dt.08-01-2026
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(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two 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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