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Patna High Court

Gaurav SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding the evidence insufficient to justify continued custody.

Summary

The petitioner, Gaurav Singh, applied for regular bail in a case registered under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that his name appeared only in a confessional statement of another accused, Rudal Singh, and that no material was recovered from him. The prosecution argued against bail, while the petitioner’s counsel highlighted the lack of direct evidence, the petitioner’s clean antecedent, and his custody since 10‑10‑2025. The court examined whether the confessional statement alone justified denial of bail and considered the risk of flight or tampering with evidence. Finding the evidence insufficient to detain the petitioner and noting his good character, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the satisfaction of the Judicial Magistrate‑1st Class, Sasaram.

Issues considered

  • Whether bail should be granted when the only incriminating material is a confessional statement of another accused.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the absence of recovered property or other evidence justifies continued detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • Section 310
  • Bharatiya Nyaya Sanhita
  • clean antecedent
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87235 of 2025
                         Arising Out of PS. Case No.-163 Year-2025 Thana- BADDI District- Rohtas
                 ======================================================
                 Gaurav Singh S/o- Prabhakar Singh R/o Vill- Bankatawa, Karjahan, P.S-
                 Barhaj, Dist- Dori, U.P

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, 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 Section 310(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The case of the prosecution, in short, is that the

                   tractor of the informant was looted by 10 miscreants on gun point.

                                4. Learned counsel for the petitioner submits that the

                   FIR was lodged against unknown miscreants. During course of

                   investigation one Rudal Singh has given his confessional

                   statement and name of this petitioner has surfaced in the

                   confessional statement of Rudal Singh. Save and except the

                   confessional statement there is nothing against the petitioner.

                   Learned counsel for the petitioner has submitted that no recovery
            Patna High Court CR. MISC. No.87235 of 2025(2) dt.05-01-2026
                                                        2/2




                      has been made from the possession of this petitioner. Learned

                      counsel has lastly submitted that the petitioner is a man of clean

                      antecedent and is in judicial custody since 10.10.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   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 Baddi P.S. Case No. 163 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 Judicial Magistrate-

                      1st Class, Sasaram (Rohtas).



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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