Patna High Court
Pritam Kumar @ Ghutra @ Pritam Kumar GhutraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The Patna High Court considered a bail application filed by Pritam Kumar Ghutra, who was implicated in a theft of a mangalsutra under Section 304(2) of the B.N.S. Although his name does not appear in the FIR, it was introduced through the confessional statement of co‑accused Abhishek Kumar. The petitioner had been in custody since 20 November 2024, had several prior criminal cases, and no incriminating article was recovered from him; the charge‑sheet had already been filed and there was no risk of evidence tampering. The State opposed bail, arguing that the confession linked the petitioner to the offence. The Court noted the long period of pre‑trial detention, the grant of bail to the co‑accused, and the absence of any material suggesting tampering, and therefore ordered bail on a cash bond of Rs 25,000 with two sureties and several conditions. The bail order was subject to compliance with conditions such as regular reporting, non‑tampering with evidence and furnishing a mobile number.
Issues considered
- Whether the petitioner is entitled to bail despite not being named in the FIR and reliance on the co‑accused's confessional statement
- Whether the length of pre‑trial detention (over one year) warrants the grant of bail
- Whether there is any likelihood of tampering with evidence or witnesses if bail is granted
Legislation cited
- B.N.S. — s. 304(2)
Subjects
- bail
- Section 304(2)
- confessional statement
- co‑accused
- charge sheet
- pre‑trial detention
- conditions of bail
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89985 of 2025
Arising Out of PS. Case No.-368 Year-2024 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Pritam Kumar @ Ghutra @ Pritam Kumar Ghutra Son of Rajeev Singh @
Rajeev Kumar Singh @ Rajeev @ Rajo Singh Resident of Village-
Hanumangadhi (Hanumangarhi) Ward No. 45, Mohan Eghu, P.S.- Muffasil,
District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mrs.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 368/2024 registered for the offences
punishable under Sections 304(2) of the B.N.S.
3. As per prosecution case, the informant proceeded
from her village Kaithma for consultation from the doctor.
When she reached Bari Yedh Durga Asthan then two unknown
persons on motorcycle snatched her mangalsutra from her neck
and fled away from the place of occurrence. FIR has been
lodged against unknown.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.89985 of 2025(2) dt.13-01-2026
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petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner is not named in the FIR and his name
surfaced in this case on the basis of confessional statement of
co-accused Abhishek Kumar. Except confessional statement of
co-accused, there is nothing on record to demonstrate the
present petitioner with the alleged occurrence. The said co-
accused has already been granted bail by the co-ordinate Bench
of this Court vide Cr. Misc. No.30600/2025 and the case of
present petitioner stands on better footing. The petitioner is
languishing in custody since 20.11.2024 and bears seven
criminal antecedents out of which in four cases he has been
acquitted and in two cases he is on bail. He further submits that
no incriminating article has been recovered from the conscious
possession of the petitioner, Although, the impugned order
records that a mangalsutra was recovered from the possession
of the petitioner, no seizure list was prepared in respect of the
said recovery till the submission of the charge-sheet. No T.I.P.
was conducted uptill now. The petitioner is not in any way
connected with the alleged occurrence. Charge sheet has been
submitted in this case and there is no likelihood of tampering
with the prosecution evidence.
5. The learned A.P.P. for the State vehemently
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opposes the prayer for bail of the petitioner and submits that
during course of investigation, the name of the petitioner
surfaced in this case on the basis of confessional statement of
co-accused and therefore, he cannot escape from the allegation
made in the FIR.
6. Considering the facts and circumstances of the
case, period of custody is more than one year, co-accused has
already been granted bail, charge sheet has already been
submitted in this case and there is no likelihood of tampering
with the prosecution evidence, argument advanced on behalf of
both sides and also taking into consideration the material
available on record, let the petitioner above named be released
on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty
Five Thousand only) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate-1st Class,
Begusarai in connection with Muffasil P.S. Case No. 368/2024,
subject to following conditions:-
(i) One of the bailors shall be either father or mother
or sister or brother or wife or the person who has sworn the
affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain
present on all dates and absence for two consecutive dates
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without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time
of furnishing bail bond and the said mobile number shall
continue in operating condition till disposal of the case and he
shall get his presence marked before the officer-in-charge of the
concerned police station on the first Tuesday of every month.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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