Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Ravi Kumar was arrested in connection with offences under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita. He contended that he was falsely implicated and that the sole basis for his charge was the confessional statement of co‑accused Golu Kumar Sinha, which he argued had no evidentiary value. The investigation was completed without any recovery of stolen articles from him or his shop. The State opposed bail but conceded that no other evidence existed against the petitioner. Considering the lack of substantive evidence, the petitioner’s prolonged custody since 14‑01‑2025, and the completion of investigation, the Court ordered his release on regular bail upon furnishing a bond of Rs. 20,000 with two sureties.
Issues considered
- What is the appropriate bail decision when the only evidence against the accused is a co‑accused's confessional statement and the investigation is complete?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305(a), 331(4)
Subjects
- bail
- confessional statement
- co‑accused
- Bharatiya Nyaya Sanhita
- criminal procedure
- evidence
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90184 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
Ravi Kumar son of Ramnath Prasad Resident Of Sakin East Nand Gola,
Madho Mill, Krishna Alankar Jewelers, P.S. -Malaslami Patna City, District
-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Sharma, Advocate
For the State : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Patliputra P.S. Case No. 22 of 2025 registered for the offences
punishable under Sections 331(4) and 305 (a) of the Bharatiya
Nyaya Sanhita.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner has been falsely roped in this
matter, in fact, co-accused, Golu Kumar Sinha was arrested in
Patliputra P.S. Case No. 591 of 2024 who revealed the
petitioner’s role in the alleged crime while making confessional
statement and merely on that basis, this petitioner was remanded
in the present case and was also made accused in nine other
cases and the police failed to recover any stolen article from the
petitioner or from his shop after he was remanded in the present
Patna High Court CR. MISC. No.90184 of 2025(2) dt.13-01-2026
2/2
matter, so, there is nothing admissible evidence against the
petitioner except the confessional statement of the co-accused
Golu Kumar Sinha which has no evidentiary value. It is further
submitted that in the present matter, the petitioner has been
languishing in jail since 14.01.2025 and against him, the
investigation has been completed.
4. Though the learned APP for the State has opposed
the prayer for bail of the petitioner but he fairly accepts that
against the petitioner, there is nothing except the confessional
statement of co-accused Golu Kumar Sinha.
5. Considering the above submissions, the averments
made in this application and mainly petitioner’s aforesaid plea,
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 concerned Court in connection with
Patliputra P.S. Case No. 22 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
Checking your session…