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Patna High Court

Mistar @ Md. MistarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner’s alleged involvement was not established and the co‑accused’s confession alone does not constitute sufficient evidence.

Summary

Mistar (Md. Mistar) was implicated in a robbery and assault case (PS Case No.109 of 2025) based on the confession of a co‑accused, Bhanu Pratap, who alleged that Mistar participated in the theft of cash and forced withdrawal from an ATM. The petitioner contended that he was never apprehended at the scene, has a clean criminal record, and that the co‑accused’s confession lacks evidentiary value. The State opposed the grant of anticipatory bail. The court observed that the petitioner’s involvement was not substantiated by any direct evidence and that reliance solely on a co‑accused’s confession is insufficient for arrest. Considering the petitioner’s clean antecedent and the lack of material linking him to the offence, the court granted anticipatory bail under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, subject to a bail bond of Rs.10,000 and two sureties, to be filed within six weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when the only basis of accusation is the confession of a co‑accused.
  • Whether the confession of a co‑accused has evidentiary value sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confession of co‑accused
  • clean antecedent
  • Section 482
  • Bhartiya Nagarik Suraksha Sanhita
  • robbery
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91377 of 2025
                       Arising Out of PS. Case No.-109 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Mistar @ Md. Mistar Son of Abdul Gaffar Sah R/o Village - Jiyanganj, P.O. -
                 Mathopa, P.S. - Kasba, Distt. - Purnia.
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dagarua P.S. Case No.109 of 2025, registered for the

                   offence under Sections 308(5), 3(5) of BNS.

                                3. As per prosecution case, on 26.03.2023, around

                   12:20 P.M. informant crossing NH-31on his vehicle. Near

                   Lasanpur bridge, one black colour motorcycle overtook his

                   vehicle and made him stop. Accused person threatened and

                   assaulted the informant and took Rs.2000/-, from his pocket and

                   further took him to ATM machine and withdraw Rs.3000/-, from

                   his account and drop the informant near Salami Chawk

                   Dagarua. When the informant make noise, nearby people

                   gathered and one accused person on motor cycle was caught,

                   stated his name as Bhanu Pratap, and disclose the name of co-
Patna High Court CR. MISC. No.91377 of 2025(2) dt.15-01-2026
                                            2/3




          accused, Mistar. Accordingly, the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence as alleged

          in the FIR and he has falsely been implicated in the present case

          and also is a man of clean antecedent. Learned counsel for the

          petitioner further submits that petitioner was not apprehended

          on the spot and that his name has come on the basis of

          confessional statement of the co-accused.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. Considering the fact that the petitioner was not

          apprehended on the spot and that his name has come on the

          basis of confessional statement of the co-accused, which has no

          evidentiary value and also taking into account that the petitioner

          has disclosed that he is a man of clean antecedent having no

          criminal history against him, I am inclined to grant the privilege

          of anticipatory bail to the petitioner.

                       7. Accordingly, the petitioner above named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          anticipatory bail on his furnishing bail-bonds in the sum of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like
          Patna High Court CR. MISC. No.91377 of 2025(2) dt.15-01-2026
                                                      3/3




                    amount each to the satisfaction of the learned Smt. Srigdha,

                    Judicial Magistrate, Ist Class, Purnea in connection with

                    Dagarua P.S. Case No.109 of 2025, subject to the conditions laid

                    down under Section 482(2) of the Bhartiya Nagarik Suraksha

                    Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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