Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner, finding the confessional statement of the co‑accused insufficient to justify continued detention.
Summary
Gaurav Kumar was arrested in connection with a loot of Rs.9,10,000 and charged under Section 309(6) of the B.N.S. and Section 27 of the Arms Act. He applied for regular bail, contending that the only evidence against him was a confessional statement of co‑accused Babloo Kumar, which he argued had no evidentiary value, and that he had not been subjected to an identification parade nor linked to the vehicle used. The State opposed the bail but admitted that no material other than the co‑accused’s confession existed and that the investigation against Kumar was complete. Considering the lack of substantive evidence, the petitioner’s clean record and young age, the court found no reason to keep him detained. The court therefore granted regular bail on a bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- What is the appropriate ground for granting or refusing bail when the sole incriminating material is a co‑accused’s confessional statement?
- Does the absence of an identification parade and lack of material connection to the alleged vehicle justify bail?
Legislation cited
Subjects
- bail
- confessional statement
- identification parade
- Arms Act
- criminal procedure
- false accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86179 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- Patarghat District- Saharsa
======================================================
Gaurav Kumar, S/O Ajay Kumar Yadav, R/O Village- Shishwa (Matihani),
Ward No.-03, P.S.- Raghuvanshnagar, Distt.- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Adv.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Kumar Praveen, learned counsel for
the petitioner and Mr. Ganesh Prasad Singh, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Patarghat P. S. Case No. 93 of 2025, dated 03.08.2025 registered
for the offences punishable under Section 309(6) of the B.N.S.
and Section 27 of the Arms Act.
3. The main submissions advanced by the petitioner's
counsel are that though the instant matter relates to the alleged
loot of Rs. 9,10,000/- but the petitioner has been falsely made
an accused mainly on the basis of the confessional statement
made by the co-accused Babloo Kumar, revealing the petitioner's
role in the alleged crime but the said confessional statement has no
evidendtiary value, the petitioner bears no criminal antecedent
Patna High Court CR. MISC. No.86179 of 2025(2) dt.09-01-2026
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and his past is completely clean and he has been languishing in
jail since 05.08.2025. It is further submitted that the petitioner
has not been put on test identification parade before the
materials witnesses by the police till date moreover the
petitioner has no connection with the vehicle allegedly used in
the commissionof the offence, thus, there is no admissible
evidence to show the petitioner's involvement in the alleged
crime of loot. It is lastly submitted that the main accused Babloo
Kumar in whose confessional statement the petitioner's name
surfaced, has already been granted bail by the coordinate bench
of this court vide order dated 15.12.2025 passed in Cr. Misc.
No. 84205 of 2025.
4. Though, learned APP appearing for the State has
opposed the bail prayer of the petitioner but fairly accepts that
against the petitioner there is no material except the
confessional statement of the co-accused and against him the
investigation has been completed.
5. In the facts and circumstances of this case and
considering the aforesaid submissions and averments made in
this petition, mainly coupled with the petitioner's aforesaid
defence as well as his young age and the completion of
investigation against him, this court is inclined to release him on
Patna High Court CR. MISC. No.86179 of 2025(2) dt.09-01-2026
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bail. Accordingly, let the petitioner named-above be enlarged
on bail in connection with Patarghat P. S. Case No. 93 of 2025
on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with
two sureties of the like amount each to the satisfaction of the
Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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