Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court held that anticipatory bail is warranted under Section 482(2) of the B.N.S. despite the confessional statement, subject to bond and surety conditions.
Summary
Aman Kumar applied for anticipatory bail in a theft case (Sections 331(3) and 305 of the B.N.S.) where his name surfaced only through the confessional statement of co‑accused Satyam Kumar. He contended that he was not named in the FIR, no incriminating article was found on him, he has a clean antecedent and would cooperate with the investigation. The State opposed the bail, arguing that the confessional statement implicated the petitioner. The Court, after weighing the lack of substantive evidence against the petitioner’s clean record, invoked Section 482(2) of the B.N.S. and granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions. The order also warned that the bail could be cancelled if the petitioner fails to cooperate with the investigating officer.
Issues considered
- Whether anticipatory bail can be granted when the only link to the accused is a co‑accused’s confessional statement.
- Whether the petitioner’s clean antecedent and willingness to cooperate justify bail under Section 482(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 305, 331(3), 482(2)
Subjects
- anticipatory bail
- confessional statement
- Section 482
- clean antecedent
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92086 of 2025
Arising Out of PS. Case No.-108 Year-2025 Thana- KOTWALI District- Munger
======================================================
Aman Kumar Son of Umesh Mandal Resident Of Mohalla - Shadipur Near
Chhoti Durga Asthan, P.S. - Kotwali, Dist. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uttam Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Kotwali P.S. Case No. 108 of 2025 registered for
the offences punishable under Sections 331(3) and 305 of the
B.N.S.
3. As per prosecution case, informant along with his
went to his in-law’s house (sasural) after locking the house. It is
alleged that on 17.05.2025 informant received information from
the friend of his son on telephone that theft has been committed
in his house. When the informant returned to his house, he found
that the front door was locked but the back door was open. It is
alleged the locker of the Godrej was open and gold mangalsutra,
three gold rings, two gold mang tika, one gold jhumka and one
Patna High Court CR. MISC. No.92086 of 2025(2) dt.19-02-2026
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gold Topas and two pairs of payal (silver) worth Rs. 2 lakh were
stolen. It is further alleged that one mobile phone of Vivo
company was also stolen.
4. Learned counsel for the petitioner submits that
petitioner is not named in FIR. During the course of
investigation, the name of the petitioner has been transpired in
this case upon the confessional statement of co-accused Satyam
Kumar. Except confessional statement of co-accused, there is
nothing on record to demonstrate the complicity of the present
petitioner with the alleged occurrence. Petitioner is not in any
way connected with the alleged occurrence. Petitioner is innocent
and has committed no offence as alleged in the FIR and he has
falsely been implicated in this case. No incriminating article has
been recovered from the conscious possession of the petitioner.
Petitioner bears no criminal antecedent. It has been orally
submitted that petitioner will not abscond rather will cooperate in
the investigation to prove his innocence.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
the name of the petitioner has been transpired in this case on the
confessional statement of co-accused Satyam Kumar and hence,
petitioner cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.92086 of 2025(2) dt.19-02-2026
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case, keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Munger in
connection with Kotwali P.S. Case No. 108 of 2025, subject to
the conditions as laid down under Section 482 (2) of BNSS.
7. The application stands allowed.
8. However, it is made clear that if the Investigating
Officer of the case files an application before the learned trial
court bringing to its notice that the petitioner despite giving
assurance to this Court is not co-operating in the investigation, in
that event, the learned trial court shall be at liberty to cancel the
bail bond of the petitioner.
(Alok Kumar Pandey, J)
alok/-
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