Patna High Court
Gaurav SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
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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