Patna High Court

Akash KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, finding that the evidentiary gaps and procedural lapses justified release on bond.

Summary

Akash Kumar was arrested in connection with a theft case (Pandarak P.S. Case No. 185 of 2025) under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he and co‑accused demanded money and forcibly seized cash and mobile phones from an informant and other truck drivers. The petitioner contended that he was falsely implicated, not named in the FIR, and was identified only through a co‑accused’s confessional statement, with no recovered articles, eyewitnesses, or a completed T.I.P. The court noted the lack of substantive evidence, the prolonged pre‑trial custody since 17‑11‑2025, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court was inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the evidentiary deficiencies.
Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

bail
theft
false implication
evidentiary insufficiency
Section 309
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12169 of 2026
                       Arising Out of PS. Case No.-185 Year-2025 Thana- PANDARAK District- Patna
                 ======================================================
                 Akash Kumar Son of Daharu Yadav Resident of village- Gowasha Shekhpura,
                 Ps- Pandarak, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhim Sen Prasad, Advocate
                 For the Opposite Party/s :       Ms.Nirmala Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Pandarak P.S. Case No. 185 of 2025, instituted for the offences

                   under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that petitioner along

                   with other co-accused persons demanded Rs. 150/- from the

                   informant. When informant refused to give money then all

                   accused persons entered into the truck of the informant and

                   snatched his mobile as well as Rs. 9000/- from his pocket. The

                   accused persons also snatched eight mobile phones and Rs.

                   40,000/- from the other truck drivers.

                               4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.12169 of 2026(2) dt.10-03-2026
                                            2/3




          petitioner has falsely been implicated in the present case.

          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case on the basis of confessional statement of

          the     co-accused         Ravish        Kumar       @   Manish.      No

          incriminating/looted article has been recovered from the

          conscious possession of the petitioner. Learned counsel further

          submitted that petitioner has got no concern with the stolen

          articles. There is no eye witness of the said occurrence. Learned

          counsel further submitted that T.I.P. has not been conducted till

          date to ascertain the involvement of the petitioner in the alleged

          offence. It has been submitted on behalf of the petitioner that the

          petitioner is in custody since 17.11.2025 and has two criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.12169 of 2026(2) dt.10-03-2026
                                                       3/3




                     below/concerned Court in connection with Pandarak P.S. Case

                     No. 185 of 2025



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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