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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        father, Bablu Yadav.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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