Patna High Court
Bala Kumar Yadav @ Balaji Kumar @ Balaji Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bala Kumar Yadav, was arrested in connection with a robbery in which Rs. 5,00,780 and two mobile phones were allegedly snatched. The FIR named unknown miscreants, but a co-accused named Laltu gave a confessional statement implicating the petitioner, although no material was recovered from him. The petitioner had been in judicial custody since 4 August 2025 and sought regular bail under section 309(4) of the B.N.S. The State opposed the bail, but the court, after considering the lack of evidence beyond the co-accused’s confession, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The bail was granted subject to satisfaction of the learned Additional Chief Judicial Magistrate, Supaul.
Issues considered
- Whether the petitioner is entitled to regular bail despite the confessional statement of a co-accused and absence of material evidence.
- Whether the provisions of section 309(4) of the B.N.S. justify denial of bail.
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- regular bail
- confessional statement
- robbery
- section 309(4)
- Bihar Negotiable Instruments Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88905 of 2025
Arising Out of PS. Case No.-357 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Bala Kumar Yadav @ Balaji Kumar @ Balaji Kumar Yadav S/o Sikendra
Yadav Resident of Village - Budhma, P.S - Bharahi, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Ranjan, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-01-2026 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 309(4) of
B.N.S.
3. The case of the prosecution is that the informant is
the Branch Manager in Esthenos Technology Pvt. Ltd. (Yes
Bank), Triveniganj and on the date of occurrence, he took Rs.
5,00,780/- in brown color bag and was going to deposit in PNB
along with Vijay Kumar. It is further alleged that four unknown
miscreants forcibly snatched all the money and two mobiles
phone.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.88905 of 2025(2) dt.08-01-2026
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counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants and during course of investigation,
one Laltu was apprehended and he has given his confessional
statement and in his confessional statement, he has named the
petitioner. Nothing has been recovered from the possession of
this petitioner. Learned counsel for the petitioner has further
submitted that save and except the confessional statement of co-
accused Laltu, there is nothing against this petitioner. Moreover,
he is languishing in judicial custody since 04.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Triveniganj P.S. Case No. 357 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 A.C.J.M.-1, Supaul.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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