Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Adarsh Kumar applied for regular bail in a case registered under sections 103(1) and 309(6) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, relating to the alleged shooting of his husband. The prosecution’s case is based on an informant’s report of the shooting and the victim’s subsequent death. The petitioner contended that he was falsely implicated, relying on a confessional statement of co‑accused Ankit Kumar Yadav, which named another accused as the assailant. The court noted that the co‑accused Akshay Kumar Yadav had already been released on bail, the petitioner had been in custody for over six months, and a charge‑sheet had been filed. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act given the nature of the allegations.
- Whether the confessional statement of a co‑accused can be used to demonstrate false implication and justify bail.
- Whether prolonged pre‑trial custody without trial warrants the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 309(6)
Subjects
- regular bail
- pre‑trial detention
- false implication
- confessional statement
- charge‑sheet
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1044 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka
======================================================
Adarsh Kumar, S/o Devendra Prasad Yadav, Resident of Village- Teariya, P.S-
Bounsi, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Advocate
Mr. Ravi Prakash Dwivedi, Advocate
Mr. Raushan Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Baunsi P.S. Case no.255
of 2025, registered under sections 103(1) and 309(6) of the
Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that she received information about her husband having been
shot at by four accused persons and having sustained firearm
injury. He was referred from one hospital to the other for better
treatment but died in course of treatment.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1044 of 2026(4) dt.01-04-2026
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F.I.R. was registered against unknown. The petitioner was
falsely implicated in the case in course of investigation in the
confessional statement of co-accused Ankit Kumar Yadav.
Though the statement has been made before police and has no
evidentiary value, however even as per the contents thereof, it is
Ankit Kumar Yadav who was the assailant of the deceased.
Co-accused Akshay Kumar Yadav whose name also transpired
in the confessional statement of Ankit Kumar Yadav has been
enlarged on bail vide order dated 15.1.2026 passed in Cr. Misc.
no.92077 of 2025. The petitioner is in custody since 6.9.2025
and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., the material that has transpired in course of
investigation, grant of bail to co-accused Akshay Kumar Yadav,
the petitioner being in custody for more than 6 months since
6.9.2025 and charge-sheet having been submitted in the case,
the petitioner is directed to be enlarged on bail in connection
with Baunsi P.S. Case no.255 of 2025, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
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like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka.
(Partha Sarthy, J)
avinash/-
U T
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