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Patna High Court

Manjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Summary

Manjit Kumar, a resident of Dhusar village, sought anticipatory bail fearing arrest in a case registered under Sections 310(2) and 311 of the BNS. The FIR was lodged against unknown persons, but his name appeared in the confessional statement of co‑accused Subham Kumar, who was already on regular bail. The petitioner’s counsel argued that the co‑accused’s statement has no evidentiary value and highlighted the petitioner’s clean antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail to the petitioner, subject to a bond of Rs.10,000 with two sureties and compliance with the conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner’s name appears only in the confessional statement of a co‑accused.
  • Whether a confessional statement of a co‑accused has evidentiary value for granting bail.
  • Whether the petitioner’s clean antecedent warrants anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • co‑accused
  • clean antecedent
  • Section 310
  • Section 311
  • Criminal Procedure Code
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90118 of 2025
                       Arising Out of PS. Case No.-86 Year-2025 Thana- TIKAPATTI District- Purnia
                 ======================================================
                 Manjit Kumar S/o Baleshwar Yadav @ Vegeshwar Yadav Resident of Village
                 - Dhusar, P.S. - Tikapatti, District - Purnia
                                                                        ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Musowir, Advocate
                 For the Opposite Party/s :       Ms. Renuka Ratnakar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 310(2) and

                   311 of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 11.06.2025, at 02:30 a.m., while he was taking

                   rest on his tractor with maize loaded, when five unknown

                   accused came and looted him of his articles including Rs.3,500/-

                   and even took the keys of the tractor and left him after tying his

                   hands and legs.

                                4. Learned counsel for the petitioner submits that FIR

                   is against unknown and the name of the petitioner transpired in

                   the confessional statement of co-accused, namely, Subham
           Patna High Court CR. MISC. No.90118 of 2025(2) dt.18-02-2026
                                                       2/2




                     Kumar in police custody which does not have any evidentiary

                     value in the eye of law. It is further submitted that Subham

                     Kumar has already been granted the privilege of regular bail by

                     the learned trial court itself. It is reiterated and submitted that

                     petitioner is a person with clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let the petitioner above-named, in the

                     event of his arrest or surrender within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/Successor Court in connection

                     with Tikapatti P.S. Case No. 86 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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