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Patna High Court

Sunny DeoalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.87081 of 2025(2) dt.28-01-2026
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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
                                                       3/3




                     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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