Patna High Court
Raja @ Karan @ Makhan @ Makhan RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to conditions.
Summary
The petitioner, Raja @ Karan @ Makhan @ Makhan Ram, sought regular bail in a case registered under Section 395 of the Indian Penal Code for alleged looting of Rs.5,96,000 from cattle traders. The prosecution’s case relied solely on the confessional statement of a co‑accused, Amarjeet Kumar, who named the petitioner, with no material recovered from the petitioner’s possession. The petitioner argued that the confessional statement was the only incriminating evidence and that the co‑accused had already been granted bail. The State opposed the bail application. The court, considering the lack of direct evidence and the petitioner’s willingness to cooperate, granted bail on the condition of regular appearance and a bail bond of Rs.10,000 with two sureties, directing release pending trial.
Issues considered
- Whether bail should be granted to an accused under Section 395 IPC when the only evidence is a confessional statement of a co‑accused.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- dacoity
- confessional statement
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88773 of 2025
Arising Out of PS. Case No.-209 Year-2015 Thana- MUFFASIL District- Aurangabad
======================================================
Raja @ Karan @ Makhan @ Makhan Ram Son of Laxman Ram Resident of
Village - Darudih, P.S.- Lesliganj, District - Palamu, State - Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, 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 regular bail in a case
registered for the offence punishable under Section 395 of the
Indian Penal Code.
3. The case of the prosecution, in short, is that unknown
miscreants have looted Rs.5,96,000/- from the cattle traders.
4. Learned counsel for the petitioner submits that the
name of this petitioner has surfaced during course of investigation
in the confessional statement of one Amarjeet Kumar. It has
further been submitted that nothing has been recovered from the
possession of this petitioner. It has also been submitted that
Amarjeet Kumar who has named this petitioner in his confessional
statement has been granted bail by the learned Co-ordinate Bench
Patna High Court CR. MISC. No.88773 of 2025(2) dt.06-01-2026
2/2
vide Cr. Misc. No. 8071 of 2017. Save and except the confessional
statement of co-accused there is nothing against the petitioner.
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 with
the condition that the petitioner shall co-operate in the trial and
shall be present on each and every date in the trial court till the
disposal of the case. The above named petitioner is directed to be
released on bail in connection with Aurangabad Mufassil P.S. Case
No. 209 of 2015 on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Aurangabad.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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