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Patna High Court

Ghanshyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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