Patna High Court
Mistar @ Md. MistarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 308(5), 3(5), 482(2)
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
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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
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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
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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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