Patna High Court
Navlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding the evidence insufficient to justify continued detention.
Summary
Navlesh Kumar was arrested in connection with an alleged assault and robbery under Sections 310(2), 311 and 317(3) of the BNS. The prosecution’s case rests solely on the confessional statement of a co‑accused, Deepak, who identified the petitioner as one of the perpetrators. The petitioner contended that he was falsely implicated, had no criminal record, no material was recovered from him, and no tip‑off investigation was conducted. The State opposed bail, while the petitioner’s counsel highlighted the lack of corroborative evidence and the petitioner’s prolonged custody since 20‑11‑2025. After considering the circumstances, the Court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.
Issues considered
- Whether regular bail can be granted when the only evidence against the accused is a co‑accused’s confessional statement.
- Whether the petitioner’s lack of antecedents and absence of material evidence warrant bail.
Legislation cited
- BNS — s. 310(2), 311, 317(3)
Subjects
- bail
- regular bail
- confessional statement
- co‑accused
- criminal antecedent
- Sections 310, 311, 317
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9101 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Navlesh Kumar, Son of Phirangi Yadav, Resident of Village - Bay Bigha, P.S.-
Kasar, District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Ms. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 310(2), 311
& 317(3) of the BNS.
3. The case of the prosecution, in short, is that six
persons on two bikes apprehended the informant and assaulted
him by striking on his head by butt of a pistol and snatched his
mobile phone. On alarm being raised, one of the accused was
apprehended who is identified as Deepak and Deepak has
disclosed the name of two absconding accused persons. One
amongst them is the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. The name of this petitioner
Patna High Court CR. MISC. No.9101 of 2026(3) dt.10-04-2026
2/2
has surfaced in the confessional statement of co-accused
Deepak. It has further been submitted that save and except the
confessional statement of co-accused, there is nothing against
the petitioner. No recovery has been made from the possession
of the petitioner and no TIP was conducted. It has also been
submitted that the co-accused Deepak who has named this
petitioner has been granted bail by learned co-ordinate Bench of
this Court vide Cr. Misc. No. 9192 of 2026. Petitioner is having
no criminal antecedent and he languishing in judicial custody
since 20.11.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Pakribarawan P.S. Case No. 462 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-II, Nawada.
(Ashok Kumar Pandey, J)
lata/-
U T
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