Patna High Court
Ankaj Kumar @ Ankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the confessional statement of the co‑accused alone does not warrant continued detention.
Summary
The petitioner, Ankaj Kumar, sought bail in a case registered under Sections 303(2), 111(2) and 317(2) of the B.N.S. relating to the alleged theft of an informant’s bike. The prosecution alleged that the bike was stolen by unknown persons, while the petitioner claimed innocence, asserting that the FIR was lodged against unknown miscreants. During investigation, a co‑accused, Mithlesh Kumar, gave a confessional statement that named the petitioner, but no other material evidence linked him to the offence. The petitioner had no prior criminal record and had been in judicial custody since 18‑10‑2025. After hearing both sides, the Court found the confession of the co‑accused insufficient to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted when the only incriminating material is the confessional statement of a co‑accused and no other evidence exists
- Whether the petitioner’s lack of prior criminal record and the circumstances of his custody justify bail under the applicable provisions
Legislation cited
- B.N.S. — s. 111(2), 303(2), 317(2)
Subjects
- bail
- confessional statement
- false implication
- criminal procedure
- Sections 303 111 317
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8663 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- BANKA District- Banka
======================================================
Ankaj Kumar @ Ankaj Kumar Yadav, S/o- Tuna Manjhi @ Tunu Yadav, R/o
Village- Gadwaran, P.S.- Katoriya, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Banka P.S. Case No. 472 of 2025 registered for the offence
punishable under Sections 303(2), 111(2) and 317(2) of B.N.S.
3. The case of the prosecution, in short, is that the
bike of the informant was stolen by unknown miscreants.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants.
During course of investigation, one Mithlesh Kumar has given
his confessional statement and the name of this petitioner has
surfaced in the confessional statement of Mithlesh Kumar. It
Patna High Court CR. MISC. No.8663 of 2026(2) dt.17-02-2026
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has further been submitted that the recovery, if any, was made
from the possession of Mithlesh Kumar. It has also been
submitted that save and except the confessional statement of
co-accused, there is nothing against the petitioner. He is having
no criminal antecedent and he is languishing in judicial custody
since 18.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Banka in connection with Banka P.S. Case
No. 472 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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