Patna High Court

Laltu KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Laltu Kumar, was charged under section 309(4) of the Bihar Negotiable Instruments Act for allegedly being part of a robbery in which Rs. 5,00,780 and two mobile phones were snatched. The prosecution’s case relied on the informant’s statement and a confessional statement obtained from the petitioner, which the petitioner’s counsel argued had no evidentiary value. The petitioner claimed innocence, highlighted the lack of any material recovered from him, and pointed to a similar co‑accused who had been granted bail in a related case. The State opposed the bail application. After hearing both sides, the court found the petitioner's arguments persuasive and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner under section 309(4) of the Bihar Negotiable Instruments Act despite the confessional statement and the nature of the alleged offence.

Legislation cited

Bihar Negotiable Instruments Act — s. 309(4)

Subjects

regular bail
section 309
Bihar Negotiable Instruments Act
robbery
confessional statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86123 of 2025
                    Arising Out of PS. Case No.-357 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Laltu Kumar S/o- Surya Narayn Yadav @ Shurnarayan Yadav R/v- Ghailadh,
                 W.No-4, Ps- Ghailadh Dist- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-02-2026                    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 section 309(4) of

                   B.N.S.

                                3. The case of the prosecution is that the informant is

                   the Branch Manager in Esthenos Technology Pvt. Ltd. (Yes

                   Bank), Triveniganj and on the date of occurrence, he took Rs.

                   5,00,780/- in brown color bag and was going to deposit in PNB

                   along with Vijay Kumar. It is further alleged that four unknown

                   miscreants forcibly snatched all the money and two mobiles

                   phone.
Patna High Court CR. MISC. No.86123 of 2025(3) dt.05-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. It is further

          submitted that the FIR was lodged against unknown miscreants

          and during course of investigation, police obtained a

          confessional statement            from the petitioner which has no

          evidentiary valuye in the eye of law.                Nothing has been

          recovered from the possession of this petitioner and save and

          except the alleged self-confession, there is nothing against this

          petitioner. It is further submitted that similarly situated co-

          accused, persons, namely Bala Kumar Yadav @ Balaji Kumar

          @ Balaji Kumar has been granted bail by a Bench of this Court

          vide order dated 08.01.2026 passed in Cr. Misc. No. 88905 nof

          2025. Moreover, he is languishing in judicial custody since

          16.07.2025 having no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       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

          Triveniganj P.S. Case No. 357 of 2025 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.86123 of 2025(3) dt.05-02-2026
                                                        3/3




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

                      Supaul/concerned Court.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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