Patna High Court
Nagesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Nagesh Kumar, was arrested in connection with a case registered on 22‑08‑2025 under Sections 310(2) and 3(5) of the BNS. He argued that his name does not appear in the FIR and that the only basis for his implication is a confessional statement of co‑accused Nitesh Kumar, which he claimed lacks evidentiary value. He further highlighted his clean criminal record, his custody since 24‑08‑2025, and that the investigation against him had been completed, while the co‑accused had already been granted bail. The State opposed the bail application. After considering the lack of direct evidence, the petitioner’s antecedents and the completed investigation, the Court ordered his release on regular bail upon furnishing a bond of Rs 20,000 with two sureties, thereby disposing of the bail petition.
Issues considered
- Whether the petitioner is entitled to regular bail when the only allegation against him stems from a co‑accused’s confessional statement.
- Whether the petitioner’s clean antecedent and the completion of investigation justify granting bail.
Legislation cited
- BNS — s. 310(2), 3(5)
Subjects
- regular bail
- confessional statement
- co‑accused
- FIR
- investigation completed
- clean antecedent
- sureties
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89051 of 2025
Arising Out of PS. Case No.-291 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Nagesh Kumar Son of Jiyalal Paswan @ Jyalal Paswan @ Jiyalal Hajra R/o
Sariyapur, P.S. - Piprakothi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Adv.
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard Mr. Rajesh Kumar, learned counsel for the
petitioner and Dr. Ajeet Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Piprakothi P.S. Case No. 291/ 2025 dated 22.08.2025 registered
for the offence(s) punishable under Sections 310(2) and 3(5) of
the BNS.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is not named in the FIR and his
name has surfaced only on the basis of the confessional
statement of co-accused, Nitesh Kumar, which has got no
evidentiary value, and the said co-accused has already been
granted bail by a co-ordinate bench of this court vide order
dated 08.01.2026 passed in Cr. Misc. No. 85539 of 2025. It is
further submitted that petitioner has been languishing in jail
Patna High Court CR. MISC. No.89051 of 2025(2) dt.12-01-2026
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since 24.08.2025, bears no criminal antecedent and the
investigation against him has been completed.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel, averments made in this petition, the
petitioner’s custody period, his fair and clean antecedent and the
completion of investigation against him, this court is inclined to
release the petitioner on bail. Accordingly, let the petitioner
named-above be released on bail in connection with Piprakothi
P.S. Case No. 291/ 2025 on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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