Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Arms Act — s. 27
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- BNS — s. 303(2), 334(1)
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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