Patna High Court
Manjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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