Patna High Court
Satyam Vishwas @ Satyam Kumar Vishwas @ Sonu VishwasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner as the evidence relied upon was insufficient and the investigation was complete.
Summary
The petitioner, Satyam Vishwas, was arrested in connection with offences under sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita and has been in custody since 23 August 2025. He applied for regular bail, contending that the case against him rests solely on suspicion, his past antecedents, and the confessional statements of co‑accused Keshav Kumar and Rakesh Kumar, with no incriminating material recovered from his possession or residence. The State opposed the bail application. The Court observed that the confessional statements of co‑accused have no evidentiary value unless corroborated, and the prosecution failed to rebut the petitioner’s claim, especially after the investigation was completed. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount. The order reflects the principle that bail may be granted where the evidence is weak and the accused has been detained for an extended period.
Issues considered
- Whether bail should be granted when the prosecution's case is based primarily on the confessional statements of co‑accused and no material evidence is found against the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2)
Subjects
- regular bail
- confessional statement
- evidentiary value
- criminal procedure
- Bharatiya Nyaya Sanhita
- sections 303
- sections 317
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89941 of 2025
Arising Out of PS. Case No.-295 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Satyam Vishwas @ Satyam Kumar Vishwas @ Sonu Vishwas, S/o- Madan
Vishwas R/o Village- Adharpur PS-Ghanshyampur Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Adv.
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Biraul P.S. Case No. 295 of 2025 registered for the offences
punishable under sections 303(2) and 317(2) of the Bharatiya
Nyaya Sanhita.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner has been implicated in the present
matter mainly on the basis of suspicion due to his previous
antecedents and on the confessional statement of co-accused
persons, namely, Keshav Kumar and Rakesh Kumar, the stolen
motorcycle was recovered from a lonely place and the said
confessional statement of co-accused persons has no evidentiary
value in the eye of law. It is further submitted that no
incriminating material was recovered either from the possession
of the petitioner or from his house and he has been languishing in
Patna High Court CR. MISC. No.89941 of 2025(2) dt.13-01-2026
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jail since 23.08.2025.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. Considering the above submissions, the averments
made in this application and mainly the plea that the petitioner
has been made accused mainly on the basis of the confessional
statement of co-accused persons and the alleged stolen
motorcycle was recovered from a lonely place on the disclosure
made by the said co-accused persons and the learned APP has not
been able to refute the said plea of the petitioner, coupled with
his custody period and completion of investigation against him,
this Court is inclined to release him on bail. Accordingly, let the
petitioner named-above be released on bail 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 in connection with Biraul P.S. Case No. 295 of 2025.
(Shailendra Singh, J)
annu/-
U T
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