Patna High Court

Pradeep Kumar @ Deepak MehtaversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Pradeep Kumar, sought bail in a case registered as Patarghat P.S. Case No. 93 of 2025, alleging offences under Section 309(6) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with a co‑accused, was involved in a conspiracy to commit robbery and that a confessional statement of another accused, Babloo Kumar, implicated him. The petitioner argued that no material was recovered from him, he has no prior criminal record, and he has been in judicial custody since 9 August 2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Section 309(6) of the B.N.S., 2023 and Section 27 of the Arms Act.
Whether the confessional statement of a co‑accused is sufficient to justify denial of bail.
Whether the petitioner’s lack of prior criminal antecedent and absence of recovered material favor bail.

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 309(6)

Subjects

bail
criminal procedure
Arms Act
conspiracy
robbery
confessional statement
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8865 of 2026
                        Arising Out of PS. Case No.-93 Year-2025 Thana- Patarghat District- Saharsa
                 ======================================================
                 Pradeep Kumar @ Deepak Mehta S/O Sudhir Mehta R/O Village -
                 Shiekhpura,Ward No.- 13, P.S- Bihariganj, Dist- Madhepura
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Alok Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Patarghat P.S. Case No. 93 of 2025 registered for the offence

                   punishable under Section 309(6) of the B.N.S., 2023 and under

                   Section 27 of the Arms Act.

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

                   informant has sent the petitioner along with one labour Mithilesh

                   Kumar in pick-up van with Rs.9,10,000/- in a black polythene for

                   purchasing grocery items from Saharsa.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that the allegation against the petitioner is that he,

                   along with other co-accused persons, have planted a conspiracy to

                   commit robbery. Learned counsel for the petitioner has further

                   submitted that from perusal of the FIR it will transpire that the
            Patna High Court CR. MISC. No.8865 of 2026(2) dt.06-02-2026
                                                        2/2




                      occurrence has taken place with the petitioner but during

                      investigation on the basis of confessional statement of Babloo

                      Kumar he was made accused in this case. It has further been

                      submitted that nothing has been recovered from the possession of

                      this petitioner. It has also been submitted that Babloo Kumar on

                      whose confessional statement, name of this petitioner has

                      surfaced, has been granted bail by this Court in Cr. Misc. No.

                      84205 of 2025. Learned counsel for the petitioner has lastly

                      submitted that the petitioner is having no criminal antecedent and

                      is in judicial custody since 09.08.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 Chief

                      Judicial Magistrate, Saharsa in connection with Patarghat P.S.

                      Case No. 93 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T

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