Patna High Court

PINTU KUMARversusThe State of Bihar

Decided: 13 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Pintu Kumar, sought regular bail in a case registered under Section 309(4) of the BNS, 2023, alleging robbery of Rs. 25,44,275 from Axis Bank, Barbigha. The prosecution’s case was based on a FIR against unknown persons and confessional statements of co‑accused Ghanshyam Bharti and Satrughan Kumar, which named the petitioner. The petitioner contended he was falsely implicated, no material was recovered from his possession, and he had been in judicial custody since 24‑01‑2025. The State opposed bail, but the court noted the lack of substantive evidence beyond the co‑accused’s statements and the similar bail orders granted to the co‑accused. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under Section 309(4) of the BNS, 2023 in view of the absence of material evidence linking him to the offence.
Whether continued judicial custody of the petitioner is justified despite the confessional statements of co‑accused being the sole basis of the charge.

Legislation cited

BNS, 2023 — s. 309(4)

Subjects

regular bail
Section 309(4) BNS 2023
confessional statement
co‑accused
judicial custody
robbery
bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86627 of 2025
                    Arising Out of PS. Case No.-177 Year-2024 Thana- BARBIGHA District- Sheikhpura
                 ======================================================
                 PINTU KUMAR Son of Late Vinod Ray Resident of Village- Visunpur, P.S.-
                 Akilpur, District- Patna, Bihar . At Present R/o Village- Sultanpur Near Police
                 Chaoki, P.S.- Danapur, District- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Kant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-01-2026                  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

                   the BNS, 2023.

                                3.     The case of the prosecution is that unknown

                   miscreants looted a sum of Rs. 25,44,275/- from the Axix Bank,

                   Barbigha Branch, at gunpoint.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   First Information Report was lodged against unknown

                   miscreants. During the course of investigation, one Ghanshyam
Patna High Court CR. MISC. No.86627 of 2025(2) dt.13-01-2026
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          Bharti was apprehended who gave his confessional statement

          wherein the name of this petitioner has surfaced. It is further

          submitted that the said Ghanshyam Bharti also named Satrughan

          Kumar and the petitioner has also given his confessional

          statement. It is contended that nothing has been recovered from

          the conscious possession of this petitioner and save and except

          the confessional statement of co-accused and this petitioner,

          there is no material on record to connect the petitioner with the

          alleged offence. It is further submitted that similarly situated co-

          accused persons, namely Ghanshyam Bharti @ Chhotan and

          Satrughan Kumar @ Satrudhan Kumar have extended the

          privilege of bail vide orders dated 01.11.2025 and 10.11.2025

          passed in Cr. Misc. Nos. 72063 of 2025 and 62978 of 2025. The

          case of this petitioner stands on similar footing. Moreover, the

          petitioner is languishing in judicial custody since 24.01.2025.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid 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 Sessions Trial No. 119 of 2025 arising

          out of Barbigha P.S. Case No. 177 of 2024 on furnishing bail
            Patna High Court CR. MISC. No.86627 of 2025(2) dt.13-01-2026
                                                        3/3




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

                      amount each to the satisfaction of learned Principal District and

                      Sessions Judge, Sheikhpura/concerned Court.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       S

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