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Patna High Court

Sandeep Kumar @ Sandip Kumar @ Gobbar @ GabbarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Sandeep Kumar, sought regular bail in a case registered under Sections 310(2), 311 and 317(3) of the BNS for allegedly assaulting an informant and stealing his mobile phone. The prosecution alleged that six persons, including the petitioner, participated in the assault, and a co‑accused named Deepak identified two absconding accused, Nawlesh and Rahul. The petitioner’s counsel argued that the only incriminating material against him was the confessional statement of Nawlesh, that no material had been recovered from him, and that no TIP (turn‑in‑person) was conducted, while also highlighting his prolonged pre‑trial detention since 21‑11‑2025. The State opposed bail, citing the petitioner’s prior criminal case as an antecedent. After considering the facts, the court found insufficient grounds to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the confessional statement of a co‑accused.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.
  • Whether the absence of recovered material and TIP affects the bail decision.

Legislation cited

  • BNS — s. 310(2), 311, 317(3)

Subjects

  • regular bail
  • criminal antecedent
  • confessional statement
  • assault
  • theft
  • judicial custody
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8585 of 2026
                   Arising Out of PS. Case No.-462 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Sandeep Kumar @ Sandip Kumar @ Gobbar @ Gabbar S/o- Chandrika
                 Paswan @ Chanrik Vill - Bahadurpur, P.S - Kasar, Dist - Sheikhpura

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :      Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 310(2), 311

                   & 317(3) of the BNS.

                                3. The case of the prosecution, in short, is that six

                   persons on two bikes apprehended the informant and assaulted

                   him by striking on his head by butt of a pistol and snatched his

                   mobile phone. On alarm being raised, one of the accused was

                   apprehended who is identified as Deepak and Deepak has

                   disclosed the name of two absconding accused persons as

                   Nawlesh and Rahul.

                                4. Learned counsel for the petitioner submits that the

                   name of this petitioner has surfaced in the confessional
            Patna High Court CR. MISC. No.8585 of 2026(2) dt.17-02-2026
                                                        2/2




                      statement of Nawlesh. Learned counsel for the petitioner has

                      further submitted that save and except the confessional

                      statement of Nawlesh, there is nothing against the petitioner.

                      Learned counsel for the petitioner has further submitted that no

                      recovery has been made from the possession of the petitioner

                      and no TIP was conducted. Learned counsel for the petitioner

                      has further submitted that the petitioner is languishing in

                      judicial custody since 21.11.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the bail and has submitted that the

                      petitioner is having criminal antecedent of one case.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Pakribarawan P.S. Case No. 462 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned A.C.J.M.-II, Nawada.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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