Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to anticipatory bail subject to the conditions specified under Section 482(2) of the BNSS.
Summary
Aman Kumar, a resident of Dhusar village, sought anticipatory bail after an FIR was lodged against unknown persons for offences under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, alleging robbery and assault on his tractor. He argued that he has a clean antecedent and that the FIR and a confessional statement of an apprehended accused lack evidentiary value. The State opposed the bail, but the court noted that co‑accused had previously been granted anticipatory bail in similar circumstances. Relying on Section 482(2) of the BNSS, the court ordered that the petitioner be released on anticipatory bail if arrested within six weeks, upon furnishing a bail bond of Rs.25,000 with two sureties, one of whom is his father. The order is subject to the usual conditions imposed by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS for offences under Sections 310(2) and 311 of the BNSS
- Whether the FIR and the confessional statement of an accused provide sufficient ground to deny anticipatory bail
- Whether the clean antecedent and prior grant of anticipatory bail to co‑accused influence the decision
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2), 311, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 310
- Section 311
- Section 482
- clean antecedent
- confessional statement
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8360 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Aman Kumar S/O Bablu Yadav R/O Village- Dhusar, P.S- Tikapatti, Distt.-
Purnea, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Kumar Singh
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 310(2) and
311 of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 11.06.2025, at 02:30 a.m., while he was taking
rest on his tractor with maize loaded, when five unknown
accused came and looted him of his articles including Rs.3,500/-
and even took the keys of the tractor and left him after tying his
hands and legs.
4. Learned counsel for the petitioner submits that the
FIR was against unknown and his name transpired in the
Patna High Court CR. MISC. No.8360 of 2026(2) dt.24-04-2026
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confessional statement of apprehended accused in police
custody, which does not have any evidentiary value. It is also
submitted that Om Kumar, from whose house 213 bags of corn
was recovered, had approached this Court seeking anticipatory
bail by filing Cr. Misc No. 68297 of 2025 and the same came to
be allowed by an order dated 24-9-2025 by a learned Co-
ordinate Bench. It is next submitted that similarly situated co-
accused Sanni Kumar had approached this Court seeking
anticipatory bail by filing Cr. Misc No. 71818 of 2025 and the
same came to be allowed by an order dated 15-10-2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/Successor Court in
connection with Tikapatti P.S. Case No. 86 of 2025, subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.8360 of 2026(2) dt.24-04-2026
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father, Bablu Yadav.
(Satyavrat Verma, J)
Sumit/-
U T
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