Patna High Court

Kamlesh Pathak @ Praduman PathakversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted because no prima facie evidence, apart from an uncorroborated confessional statement, linked the petitioner to the alleged dacoity and murder.

Summary

The petitioner, Kamlesh Pathak, was arrested in connection with a 2002 dacoity and murder case (Section 396 IPC) based solely on a confessional statement of a co‑accused, Ram Ballabh Sahni. The petitioner was not named in the FIR and had been in custody since 25‑08‑2025. He sought bail, arguing that the confessional statement did not produce any prima facie material linking him to the offence. The State opposed the bail, but the Court noted the lack of independent incriminating evidence and the petitioner’s prolonged detention. Consequently, the Court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.

Issues considered

Whether bail can be granted when the only basis of accusation is a co‑accused’s confessional statement without corroborative evidence
Whether the provisions of Section 437(3) CrPC and Section 480(3) BNSS are applicable to the bail petition

Legislation cited

Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
Code of Criminal Procedure — s. 437(3)
Indian Penal Code — s. 396

Subjects

bail
confessional statement
dacoity
murder
Section 396 IPC
Section 437 CrPC
Section 480 BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90568 of 2025
                   Arising Out of PS. Case No.-32 Year-2002 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Kamlesh Pathak @ Praduman Pathak Son of Late Mahendra Pathak Resident
                 of Village - Parewa, P.S. - Sikarganj, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Chiraiya P.S. Case No.32 of 2002 registered for the

                   offence punishable under Section 396 of the Indian Penal

                   Code.

                                3. The accused/petitioner is not named in the FIR

                   and is in custody since 25.08.2025.

                                4. Allegation against the petitioner is to commit

                   dacoity on intervening night of 18th/19th March, 2002 and

                   while doing so, committed murder of one Md. Haffiz Mian.

                                5. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.90568 of 2025(2) dt.11-02-2026
                                            2/3




          petitioner that the name of petitioner transpired during the

          course of investigation on the basis of confessional statement

          of co-accused Ram Ballabh Sahni, who was granted bail by

          one of the learned co-ordinate Bench of this Court through Cr.

          Misc. No.26472 of 2003. It is submitted that in furtherance of

          confessional statement of co-accused, nothing incriminating

          surfaced/recovered as to connect the petitioner prima facie

          with present occurrence of dacoity and murder.

                       6. Explaining criminal antecedent of the petitioner,

          it is submitted by learned counsel that petitioner found

          involved in one more criminal case, in which he is on bail.

                       7. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       8. In view of aforesaid factual submissions and by

          taking note of fact as save and except suspicion arising out of

          confessional        statement        nothing         prima   facie   appears

          incriminating against the petitioner, coupled with the fact that

          petitioner remains in custody since 25.08.2025, accordingly,

          the petitioner, above-named, is directed to be released on bail

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
           Patna High Court CR. MISC. No.90568 of 2025(2) dt.11-02-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of

                     the learned Judicial Magistrate-1st Class, Sikrahana, Dhaka,

                     East Champaran, Motihari, in connection with Chiraiya P.S.

                     Case No.32 of 2002, subject to the conditions as laid down

                     under Section 437(3) of the Code of Criminal Procedure (for

                     short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                     Suraksha Sanhita (for short ‘BNSS’).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T

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