Patna High Court
Anil Kumar Thakur @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Anil Kumar Thakur, applied for bail in a case registered under Section 309(6) of the B.N.S., alleging that he was wrongly implicated based on CCTV identification and a confessional statement, with no material recovered from his possession. The prosecution argued that unknown miscreants had looted Rs. 43,000 and that the petitioner was identified by a spy and CCTV footage. The petitioner contended his innocence, lack of prior record, and that the FIR was lodged against unknown persons. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite identification through CCTV footage and a confessional statement.
- Whether the evidence presented by the prosecution is sufficient to justify continued detention.
Legislation cited
- B.N.S. — s. 309(6)
Subjects
- bail
- criminal procedure
- CCTV identification
- confessional statement
- Section 309(6)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88636 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- ISMAILPUR District- Bhagalpur
======================================================
Anil Kumar Thakur @ Anil Kumar, S/o Khantar Thakur, R/o vill - Ismailpur,
P.S.- Ismailpur, Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ismailpur P.S. Case No. 168 of 2025 registered for the
offence punishable under Section 309(6) of B.N.S.
3. The case of the prosecution is that unknown
miscreants have looted Rs. 43,000/- in cash from the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. The F.I.R. was lodged against unknown
miscreants. The spy has identified the petitioner in C.C.T.V.
Footage and on that basis, he has been implicated in this case. It
has further been submitted that nothing has been recovered from
the possession of this petitioner. This petitioner has also given
Patna High Court CR. MISC. No.88636 of 2025(2) dt.06-01-2026
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his confessional statement during course of investigation. Save
and except the confessional statement and identification by spy
in C.C.T.V. Footage, nothing is against the petitioner. It has also
been submitted that prior to this case there was no antecedent
against the petitioner. However, after this case he has been
framed in one another case. He is languishing in judicial
custody since 17.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate-1st , Naugachia, District-Bhagalpur in connection
with Ismailpur P.S. Case No. 168 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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