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Patna High Court

Pritem Kumar @ Bholu @ Pritam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail as the prosecution has failed to produce any material evidence against him beyond a co‑accused’s confession.

Summary

The petitioner, Pritem Kumar, was arrested in connection with a theft case registered under sections 331(4) and 305 of the Bihar Negotiable Instruments Act. The prosecution’s case relied solely on a confessional statement of a co‑accused, Ramesh Singh, who named the petitioner, but no material was recovered from the petitioner and no other evidence linked him to the offence. The petitioner argued that he was falsely implicated and had been in judicial custody since 22‑09‑2025. The State opposed the bail application. Considering the lack of substantive evidence and the petitioner’s prolonged custody, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the FIR and the co‑accused’s confessional statement.
  • Whether the material evidence on record is sufficient to justify continued detention.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • insufficient evidence
  • Bihar Negotiable Instruments Act
  • criminal procedure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87195 of 2025
                         Arising Out of PS. Case No.-737 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Pritem Kumar @ Bholu @ Pritam Kumar S/O Vijay Singh Resident of
                 Village- Vishanpura, P.S.- Bihta, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raju Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   04-02-2026                    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 331 (4) and

                   305 of the BNS.

                                3.     The case of the prosecution is that unknown

                   miscreants committed theft in the house of the informant.

                                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, a co-accused, namely, Ramesh Singh was

                   apprehended and he gave his confessional statement, on the

                   basis of which the name of the petitioner has surfaced. It is
            Patna High Court CR. MISC. No.87195 of 2025(3) dt.04-02-2026
                                                        2/2




                      further submitted that recovery has also been made from the

                      possession of said Ramesh Singh. Save and except the

                      confessional statement, nothing has come on record against this

                      petitioner to implicate him. Nothing has been recovered from

                      the conscious possession of this petitioner.         Moreover, the

                      petitioner is languishing in judicial custody since 22.09.2025.

                                   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 Bihta P.S. Case No. 737 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

                      C,J,M. -II, Danapur, Patna/concerned Court.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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