Patna High Court
Varun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, holding that the confessional statement of the co‑accused and a single prior case do not outweigh the lack of direct evidence against him.
Summary
Varun Kumar was arrested in connection with a bike‑snatching and assault case alleged under sections 310(2) and 311 of the B.N.S. The FIR named unknown miscreants, but a co‑accused, Kundan Kumar, gave a confessional statement implicating the petitioner. No material was recovered from Varun Kumar and he was not identified in the TIP, yet he has been in judicial custody since 20 September 2025 and has one prior criminal case. The petitioner sought regular bail, arguing innocence and lack of direct evidence. The State opposed bail on the ground of the confessional statement and the petitioner’s antecedent. After hearing both sides, the court considered the absence of any seized property, the non‑identification in TIP, and the principle of bail for non‑violent offences, and decided to grant regular bail on a bond of Rs.10,000 with two sureties. The order directed the petitioner’s release upon furnishing the bail bond.
Issues considered
- Whether a confessional statement of a co‑accused alone suffices to deny regular bail to the petitioner
- Whether the petitioner’s prior criminal antecedent justifies refusal of bail
- Whether the lack of material recovery and non‑identification in TIP warrant bail
Legislation cited
- B.N.S. — s. 310(2), 311
Subjects
- regular bail
- confessional statement
- co‑accused
- criminal antecedent
- TIP
- sections 310(2) and 311
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89627 of 2025
Arising Out of PS. Case No.-563 Year-2025 Thana- DHANARUA District- Patna
======================================================
Varun Kumar S/o- Lalan Yadav Resident of Village- Mahuabagh, P.S.
Masaurhi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 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 sections 310(2) and
311 of B.N.S.
3. The case of the prosecution is that while the
informant was going on his bike at 7:40 PM near Nadawan
Bridge, six unknown miscreants overtook him, stopped him and
attempted to snatch his bike and bag. When the informant
objected, he was assaulted with the butt of the pistol on his head
and the miscreants took away his bike and bag containing Rs.
16,000/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
Patna High Court CR. MISC. No.89627 of 2025(2) dt.15-01-2026
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against unknown miscreants. During investigation, one co-
accused Kundan Kumar has given his confessional statement and
in his confessional statement, he has named this petitioner.
Nothing has been recovered from the possession of this petitioner.
Save and except the confessional statement of co-accused
Kundan, there is nothing against this petitioner. In this case, TIP
has been conducted but learned counsel for the petitioner has
submitted that he was not identified in TIP. Moreover, he is
languishing in judicial custody since 20.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that
petitioner is having criminal antecedent of one case.
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
Dhanarua P.S. Case No. 563 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 S.D.J.M., Masurhi, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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