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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail must be granted as there is no admissible evidence linking the petitioner to the offence beyond the confessional statement.

Summary

The petitioner, Ankit Kumar, applied for bail in a case involving alleged theft of jewellery, with charges under Sections 334(1) and 303(2) of the BNS and Section 27 of the Arms Act. The only link to the petitioner was a confessional statement by co-accused Md. Firdaus, which the petitioner argued is inadmissible and unsupported by any other material such as phone tower data or CCTV footage. The State opposed bail, relying on the confessional statement. The court found that, apart from the inadmissible confession, there was no substantive evidence tying the petitioner to the crime. Consequently, the court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted when the only evidence is a confessional statement of a co-accused.
  • Whether the confessional statement is admissible as evidence against the petitioner.
  • Whether the lack of corroborative material evidence justifies bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Legislation cited

Subjects

  • bail
  • confessional statement
  • evidentiary insufficiency
  • criminal procedure
  • Arms Act
  • BNS
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91406 of 2025
                      Arising Out of PS. Case No.-23 Year-2025 Thana- BARAUNI District- Begusarai
                 ======================================================
                 Ankit Kumar S/o Rajaram Paswan Resident of Village- Bhawanandpur, Ward
                 No. 05, P.S.- Birpur, Dist.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Prabhat
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   28-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Barauni P.S. Case No. 23 of 2025, registered for the

                   offences punishable under Sections 334(1), 303(2) of the BNS

                   and Section 27 of the Arms Act.

                                3. Allegedly in the night of 06.02.2025, a theft was

                   committed in the shop of the informant by unknown 4-5 thieves,

                   who took away the golden and silver jewellery worth

                   Rs.4,50,000/-.

                                4. Learned Advocate for the petitioner submitted that

                   the FIR has been instituted against unknown thieves and, later

                   on, one Md. Firdaus was apprehended by the police and the

                   name of the petitioner transpired on the confessional statement

                   of Md. Firdaus. Save and except the confessional statement,
Patna High Court CR. MISC. No.91406 of 2025(3) dt.28-01-2026
                                            2/3




          which is not admissible under the eyes of law, there is no cogent

          material suggesting the complicity of the petitioner in the crime.

          Neither the tower location of the petitioner’s phone was found

          at the alleged place of occurrence nor he has been seen in any of

          the CCTV footage installed at or around the place of occurrence.

          Even during course of investigation, no incriminating material

          has been recovered from the whereabouts of the petitioner.

          However only on account of one criminal antecedent and he

          being one of the friend of co-accused Md. Firdaus, his name has

          been implicated in this case without there being any other

          material. The petitioner undertakes that he will fully cooperate

          in the proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          apprehended person has disclosed the name of the petitioner as

          one of the associate who had participated in the crime.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that save and except the confessional statement,

          there is no other material suggesting the complicity of the

          petitioner in the crime, besides the submission advanced on

          behalf of the petitioner that neither the tower location of
           Patna High Court CR. MISC. No.91406 of 2025(3) dt.28-01-2026
                                                       3/3




                     petitioner's phone was found nor he has been seen in any of the

                     CCTV installed at or around the place of occurrence, let the

                     petitioner abovenamed be released on bail, in the event of his

                     arrest or surrender before the court below within a period of four

                     weeks from the date of receipt/production of a copy of this

                     order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

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

                     the learned         Judicial Magistrate, 1st Class, Begusarai in

                     connection with Barauni P.S. Case No. 23 of 2025, subject to

                     the conditions laid down in Section 482(2) of the Bharatiya

                     Nagrik Suraksha Sanhita, 2023, with the further condition that

                     one of the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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