Patna High Court
Bijesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Bijesh Kumar, applied for bail in a case registered as Siwan Muffasil P.S. Case No. 766 of 2025, involving alleged offences under Sections 305(b) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 concerning a stolen motorcycle. The prosecution alleged that the motorcycle was stolen by an unknown person, while the petitioner’s name appeared only through a confessional statement of co‑accused Ravi Srivastava, with no FIR naming him and no incriminating material recovered from his possession. The petitioner argued that he was falsely implicated, had been in custody since 5 November 2025, and possessed no prior criminal record. The State opposed bail, but the court, considering the lack of direct evidence, the petitioner’s clean antecedents, and the duration of custody, decided to grant bail. The court ordered release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 305(b) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether a confessional statement of a co‑accused suffices to deny bail in the absence of direct evidence against the petitioner.
- Whether the petitioner’s period of custody and lack of prior criminal record warrant the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(b), 317(5)
Subjects
- bail
- criminal procedure
- theft
- false implication
- confessional statement
- co‑accused
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88469 of 2025
Arising Out of PS. Case No.-766 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Bijesh Kumar S/o Birendra Yadav R/o Village - Chhotpur, P.S.- Siwan
Muffasil, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Siwan
Muffasil P.S. Case No. 766 of 2025 instituted for the offences
under Sections 305(b), 317(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that the motorcycle of
the informant was stolen by unknown person.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Ravi Srivastava. No incriminating article has
Patna High Court CR. MISC. No.88469 of 2025(2) dt.12-01-2026
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been recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the stolen motorcycle. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
05.11.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Siwan Muffasil P.S.
Case No. 766 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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