Patna High Court
Rahul Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the co‑accused's confessional statement lacks substantive evidentiary value and the petitioner has made out a prima facie case for pre‑arrest bail, thereby granting bail.
Summary
The petitioner, Rahul Kumar Pandey, applied for pre‑arrest bail in a case registered under Sections 303(2), 307 and 3(5) of the BNS for alleged theft of Rs. 2 lakh. The FIR alleged that the theft was committed by the petitioner, based solely on the confessional statement of co‑accused Santosh Pandey, who also disclosed the petitioner’s alleged complicity. The petitioner claimed innocence, clean antecedents and argued that the co‑accused’s confession lacks substantive evidentiary value. The State opposed the bail. The Court held that the confession of a co‑accused, without corroboration, does not constitute substantive evidence and that the petitioner had made out a prima facie case for bail, directing his release on pre‑arrest bail subject to Section 482(2) of the BNSS and a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether a pre‑arrest bail can be granted when the only allegation of complicity is a co‑accused's confessional statement.
- Whether the petitioner is entitled to bail under Section 482(2) of the BNSS.
- Whether the petitioner has a prima facie case justifying the grant of pre‑arrest bail.
Legislation cited
- BNS — s. 303(2), 307, 3(5), 482(2)
Subjects
- pre‑arrest bail
- confessional statement
- evidentiary value
- Section 482(2)
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91656 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Rahul Kumar Pandey S/O Raju Pandey R/O Village- Kamangargali, P.S-
Khajekala, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 19-03-2026 Heard Mr. Rajeev Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Narendra Kumar Singh,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Khusrupur P.S. Case No. 79/2025 registered for the
offence(s) punishable under Sections 303(2),307,3(5), of the
BNS.
3. As per the allegation made in the FIR, the
informant alleged that a sum of Rs. 2 lakhs were stolen from his
vehicle which was parked near a hotel.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the present case. The alleged recovery
was made from one Santosh Pandey, who was working at the
Patna High Court CR. MISC. No.91656 of 2025(3) dt.19-03-2026
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hotel where the informant had parked his vehicle on the date of
lodging of the FIR. The said Santosh Pandey, in his confessional
statement, has disclosed the complicity of the petitioner in the
alleged offence. The petitioner has clean antecedent. On these
grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegations made in
the FIR, this Court finds that, as per paragraph no. 8 of the
supplementary case diary, recovery has been made from co-
accused Santosh Pandey. The complicity of the petitioner has
been disclosed solely on the basis of the confessional statement
of the said co-accused, which has no substantive evidentiary
value. I am of the opinion that petitioner has, prima facie, made
out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District Court where the case is pending /
Patna High Court CR. MISC. No.91656 of 2025(3) dt.19-03-2026
3/3
Concerned Court in connection with Khusrupur P.S. Case No.
79/2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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