Patna High Court

Ratnesh KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Ratnesh Kumar, was arrested in connection with a robbery alleged under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, where Rs. 5,00,000, blank cheques and a passbook were reportedly stolen. The FIR named unknown miscreants, but a confessional statement by another accused, Dipak Kumar, implicated the petitioner, although no material was recovered from his possession. The petitioner claimed innocence, highlighted the lack of any other evidence against him, and pointed out his clean criminal record while he had been in judicial custody since 15 July 2025. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the circumstances, granted regular bail on a bond of Rs.10,000 with two sureties, directing his release pending trial.

Issues considered

Whether regular bail should be granted to the accused in a case involving offences under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act.
Whether the confessional statement of a co-accused suffices to justify denial of bail in the absence of material evidence against the petitioner.
Whether the petitioner is likely to flee or tamper with evidence, justifying continued custody.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 309(6)

Subjects

regular bail
criminal procedure
Arms Act
Negotiable Instruments Act
confessional statement
judicial custody
bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87175 of 2025
                     Arising Out of PS. Case No.-307 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Ratnesh Kumar S/O Mukesh Sah Resident of village- Khairi Jamunia, P.S.-
                 Pipra, District- East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Sharda Nand Mishra, Advocate
                                                   Mr. Sumit Kumar Gupta, Advocate
                 For the Opposite Party/s :        Mr.Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                        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 sections 309 (6) of

                   the BNS and Section 27 of the Arms Act.

                                 3.      The case of the prosecution is that unknown

                   miscreants allegedly looted a sum of Rs. 5,00,000/- along with

                   blank cheques and a pass book.

                                 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

                   FIR was lodged against unknown miscreants. During the course

                   of investigation one Dipak Kumar is stated to have made a
            Patna High Court CR. MISC. No.87175 of 2025(2) dt.05-01-2026
                                                        2/2




                      confessional statement, on the basis of which the name of the

                      present petitioner has surfaced.             It is further contended that

                      nothing has been recovered from the conscious possession of

                      this petitioner. Save and except the said confessional statement,

                      there is nothing against him.                Moreover, the petitioner is

                      languishing in judicial custody since 15.07.2025 having no

                      criminal antecedent.

                                   5. Learned APP appearing for the state has 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 Pipra P.S. Case No. 307 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      S.D.J.M., Sadar East Champaran, Motihari.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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