Patna High Court
Batto @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to conditions, finding no sufficient ground to deny it.
Summary
The petitioner, Batto @ Rahul Kumar, was arrested in connection with a stolen motorcycle case after a co‑accused, Aman Kumar, confessed that Batto had stolen the vehicle. The petitioner claimed innocence, arguing that the co‑accused’s confession has no legal value and that he has been in custody since July 2025. The State opposed bail, citing the petitioner’s alleged involvement and prior criminal cases. The court examined whether the confessional statement of a co‑accused could justify denial of bail and considered the petitioner’s lack of prior bail applications. Weighing the circumstances, the court found no sufficient ground to refuse bail and imposed standard conditions. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the confessional statement of a co‑accused can be the basis to deny bail to the petitioner
- Whether the petitioner’s alleged prior criminal antecedents justify refusal of bail
- Whether bail can be granted without a prior anticipatory bail application
Legislation cited
- B.N.S., 2023 — s. 317(4), 317(5), 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused testimony
- Section 317 B.N.S.
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91812 of 2025
Arising Out of PS. Case No.-153 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Batto @ Rahul Kumar, S/o Om Prakash Yadav, R/o Village- Bhaisani Tola,
P.S.- Malsalami, Dist- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajeev Kumar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chowk
P.S. Case No.153 of 2025, dated.19.04.2025, registered for the
offences punishable under Sections 317(5), 317(4), 3(5) of the
B.N.S., 2023.
3. As per allegation, police got information that two
persons are going to sell a stolen motorcycle and when the
police reached the place of seizure of the motorcycle, they
found two persons on motorcycle standing in starting mode was
talking to another person. After seeing the police, two persons
fled away and one co-accused, Aman Kumar was arrested on the
spot, who confessed to the police that the persons who had fled
away were the Petitioner, Batto and the co-accused, Radha
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Kumar and it was further confessed that it is Batto, who had
stolen the motorcycle and has brought it here.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the Petitioner has nothing to do
with the alleged offence and he is no way connected with the
motorcycle in question and his name has transpired only in the
confessional statement of the co-accused, which has no legal
value.
5. He further submits that the petitioner has been
languishing in jail since 09.07.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in four
other cases.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
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sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Chowk P.S. Case No.153 of 2025 on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
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learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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