Patna High Court
Pritem Kumar @ Bholu @ Pritam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 305, 331(4)
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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