Patna High Court
Ghanshyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the allegations are prima facie weak and the confessional statement of the co‑accused lacks evidentiary value.
Summary
The petitioner, Ghanshyam Kumar, applied for pre‑arrest bail in a case registered under Section 309(6) of the BNS for alleged robbery and assault. The FIR alleged that three persons looted cash and jewellery from a jewellery shop, and the petitioner’s name appeared only through a confessional statement of a co‑accused, Ashif Ali, with whom he has an inimical relationship. The petitioner argued that the confessional statement has no evidentiary value and that he has a clean criminal record. The State opposed the bail, but the Court held that, on a prima facie basis, the petitioner is entitled to bail given the lack of direct evidence and his clean antecedent. Accordingly, the Court directed that he be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of any other criminal antecedents.
Issues considered
- Whether a pre‑arrest bail should be granted when the accusation is based solely on a co‑accused’s confessional statement.
- Whether the petitioner’s clean antecedent and lack of direct evidence justify granting bail under Section 309(6) of the BNS.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 309(6)
Subjects
- pre‑arrest bail
- confessional statement
- evidentiary value
- clean antecedent
- Section 309(6) BNS
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86441 of 2025
Arising Out of PS. Case No.-511 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Ghanshyam Kumar Son of Lalbabu Ray Resident of village - Sadhpur, P.O.-
Sadhpur, P.S.- Garkha, District - Saran at Chapra 841415.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard Mr. Jeetendra Narayan, learned counsel
appearing on behalf of the petitioner and Mr. Ram Sevak
Choudhary, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Marhaurah P.S. Case No. 511 of 2025 registered for the
offence(s) punishable under Sections 309(6) of the BNS.
3. As per the allegations made in the FIR, the
informant has alleged that on 15.07.2025, while he was present
at his jewellery shop, three persons arrived and assaulted the
informant and also looted cash amounting to Rs. 50,000 to
60,000 along with two boxes of silver jewellery.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
Patna High Court CR. MISC. No.86441 of 2025(2) dt.16-01-2026
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petitioner is not named in the FIR and his name has surfaced in
this case on the basis of confessional statement of co-accused
Ashif Ali @ Bola, with whom petitioner has inimical terms, and
confessional statement made before the police has no evidentary
value. Petitioner has clean antecedent. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that name of the petitioner has
surfaced in this case on the basis of confessional statement made
by co-accused and confessional statement made before the
police has no evidentiary value, I am of the opinion that
petitioner, who is having clean antecedent, has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saran at
Patna High Court CR. MISC. No.86441 of 2025(2) dt.16-01-2026
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Chapra / Concerned Court in connection with Marhaurah P.S.
Case No. 511 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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