Rupesh Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rupesh Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka in connection with Ghorasahan P.S Case No. 363 of 2025.

Issue for consideration

Whether petitioner Rupesh Kumar, whose name surfaced only from the confessional statement of co-accused Krishna Prakash Kumar Kushwaha, who was not arrested from the spot and against whom no recovery from conscious possession was made, should be released on regular bail in Ghorasahan P.S. Case No. 363 of 2025 despite the State's opposition.

Court's answer

Considering that the petitioner's name figured from the confessional statement of the co-accused, that he was not arrested from the spot, and the submissions of his counsel, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka, in connection with Ghorasahan P.S. Case No. 363 of 2025.

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J., order dated 15-01-2026) grants regular bail to Rupesh Kumar in Ghorasahan P.S. Case No. 363 of 2025 (East Champaran), registered for offences under Sections 317(4), 317(5) and 3(5) of the BNS over alleged theft and onward sale of a motorcycle. Basis: the petitioner's name figured only from the confessional statement of co-accused Krishna Prakash Kumar Kushwaha, he was not arrested from the spot, no recovery was made from his conscious possession, and he was in custody since 02.11.2025 with one antecedent, notwithstanding the State's opposition and perusal of the FIR and impugned order dated 28.11.2025. Bail ordered on bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each before the learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.294 of 2026

Arising Out of PS. Case No.-363 Year-2025 Thana- GHORASAHAN District- East

Champaran

======================================================

Rupesh Kumar Son of Late Surendra Prasad @ Late Surendra Roy Resident of village - Kaswa Kadamwa, P.S.- Ghorasahan, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv For the Opposite Party/s : Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 15-01-2026 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in connection with Ghorasahan P.S Case No. 363 of 2025 registered for the offences punishable under Sections 317(4), 317(5), 3(5) of the BNS.

As per allegation in the FIR, petitioner is alleged to have stolen motorcycle and was selling to other person.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner’s name has been figured from the confessional statement of the co-accused namely Krishna Prakash Kumar Kushwaha. He further submits that petitioner

Patna High Court CR. MISC. No.294 of 2026(2) dt.15-01-2026 2/2

has not been arrested on spot. Moreover, there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner is in custody since 02.11.2025 having one antecedent.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR and impugned order dated 28.11.2025, it appears that petitioner’s name has been figured from the confessional statement of the co-accused. Moreover, petitioner has not been arrested from the spot. So considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka in connection with Ghorasahan P.S Case No. 363 of 2025.

(Ramesh Chand Malviya, J)

Sunnykr/-

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