Patna High Court

Awadh Kishore Rai @ Munna Kabari @ Munna Rai @ Awadh Kishore RoyversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Awadh Kishore Rai was arrested in connection with a theft of a truck under Section 379 of the Indian Penal Code. The prosecution’s case relied on a confessional statement by another accused, Chandan Kumar, who alleged that he sold the stolen truck to the petitioner. The petitioner argued that no stolen property was recovered from him, that he was falsely implicated, and that co‑accused in similar circumstances had already been granted bail. He had been in judicial custody since 19 September 2025, while the State opposed bail on the ground of two prior criminal convictions. The Patna High Court, noting the lack of material evidence, the petitioner’s prolonged custody, and the precedent of similar bail orders, granted regular bail on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under Section 379 IPC despite a confessional statement implicating him and prior criminal antecedents.

Legislation cited

Indian Penal Code — s. 379

Subjects

bail
theft
IPC 379
criminal antecedents
confessional statement
regular bail
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8908 of 2026
                      Arising Out of PS. Case No.-456 Year-2023 Thana- DHANARUA District- Patna
                 ======================================================
                 Awadh Kishore Rai @ Munna Kabari @ Munna Rai @ Awadh Kishore Roy
                 S/O Late Rameshwar Rai R/O Village- Rani Bachhwara, P.S- Bachhwara,
                 Distt.- Begusarai.
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                  ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhisek Rai, Advocate
                 For the Opposite Party/s :      Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   25-02-2026                    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 sections 379 of the

                   Indian Penal Code.

                                3. The case of the prosecution, in brief, is that some

                   unknown persons allegedly stolen the truck belonging to the

                   informant. The F.I.R. was initially lodged against unknown

                   miscreants.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. During the course of
Patna High Court CR. MISC. No.8908 of 2026(3) dt.25-02-2026
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          investigation, one Chandan Kumar gave his confessional

          statement, in which the names of several persons surfaced,

          including that of the present petitioner. It is further submitted

          that, upon perusal of the confessional statement of Chandan

          Kumar, it appears that he allegedly sold the stolen truck to this

          petitioner.

                        5. Learned counsel for the petitioner contends that

          nothing has been recovered from the possession of the

          petitioner. It is further submitted that similarly situated co-

          accused persons have already been granted bail by a learned Co-

          ordinate Bench of this Court vide order dated 01.12.2023 passed

          in Cr. Misc. No. 75171 of 2023. The case of the present

          petitioner stands on similar footing. Moreover, the petitioner is

          languishing in judicial custody since 19.09.2025.

                        6. Learned APP appearing for the state has opposed

          the prayer of regular bail stating that the petitioner has two

          criminal antecedents.

                        7. Considering the aforesaid 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 Dhanarua P.S. Case No. 456 of 2023 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two
            Patna High Court CR. MISC. No.8908 of 2026(3) dt.25-02-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      JMFC, Masaurhi, Patna.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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