Patna High Court
Sunny DeoalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the case against him is prima facie weak and he has a clean antecedent.
Summary
The petitioner, Sunny Deoal, applied for pre‑arrest bail in a case registered under Section 303(2) of the BNS for alleged theft of a motorcycle. The FIR alleged that the informant's motorcycle was stolen and later recovered from co‑accused Deepak Kumar, whose confessional statement implicated the petitioner. The petitioner asserted innocence, a clean criminal record, and argued that the co‑accused's confession has no evidentiary value. The State opposed the bail, contending the seriousness of the charge. The court, after considering the submissions and noting the lack of substantive evidence beyond the co‑accused’s statement, held that the petitioner had made out a prima facie case for bail and ordered his release on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the FIR and the co‑accused's confessional statement.
- Whether the confessional statement of the co‑accused can be treated as substantive evidence for denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 303(2)
Subjects
- pre‑arrest bail
- Section 303(2)
- Section 482(2)
- confessional statement
- motorcycle theft
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87081 of 2025
Arising Out of PS. Case No.-713 Year-2024 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Sunny Deoal S/o Alok Singh R/o Village- Bahuriya Bigha, P.S- Barun, Dist-
Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Ms. Mukul Kumari,, learned counsel appearing
on behalf of the petitioner and Mr. Syed Ehteshamuddin,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Aurangabad Town P.S. Case No. 713 of 2024 registered for
the offence(s) punishable under Sections 303(2) of the BNS.
3. As per the allegation made in the FIR, motorcycle
of the informant was stolen near his shop.
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
the stolen motorcycle of the informant was recovered from the
possession of the co-accused Deepak Kumar, who was taken
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into custody and on his confessional statement, name of the
petitioner has surfaced in this case. 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 recovery of stolen
motorcycle of the informant has been made from the possession
of co-accused, Deepak Kumar and on whose confessional
statement, name of the petitioner has surfaced in the present
case and confessional statement made before 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 C.J.M., Aurangabad / Concerned Court in
Patna High Court CR. MISC. No.87081 of 2025(2) dt.28-01-2026
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connection with Aurangabad Town P.S. Case No. 713 of 2024,
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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