Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of substantive incriminating evidence and given the petitioner’s long pre‑trial custody and clean record, bail must be granted.
Summary
Aakash Kumar was arrested in connection with a robbery and alleged offences under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that three unknown persons on a motorcycle looted Rs. 3.5 lakh and other items from an informant. The petitioner contended that he was falsely implicated, not named in the FIR, and that his name arose only from a co‑accused’s confession, which the court found to have no evidentiary value. No incriminating material or looted articles were recovered from him, and he had been in custody since 2 December 2025 without any criminal antecedent. The court noted that a co‑accused had already been granted bail in a related matter. Considering the lack of substantive evidence, the petitioner’s clean record, and the length of pre‑trial detention, the court granted bail on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the confession of a co‑accused provides sufficient basis to deny bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- evidentiary value of confession
- Arms Act
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- co‑accused
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10952 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Aakash Kumar Son of Hari Dayal Yadav Resident of Village- Buchaman,
P.S.- Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
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
Singhwara P.S. Case No. 335 of 2025, instituted for the offences
punishable under Section 309(6) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that three
unknown miscreants on a motorcycle intercepted the informant,
looted Rs. 3,50,000/- along with other important documents and
key of his motorcycle on the point of pistol and fled away from
the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.10952 of 2026(2) dt.10-03-2026
2/3
the conscious possession of the petitioner. Learned counsel for
the petitioner submits that the petitioner is not named in the FIR.
Name of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused person and the same
has got no evidentiary value. It is next submitted that the
motorcycle which was being used in the alleged occurrence has
been recovered from the courtyard of the petitioner and the
same was kept by co-accused, namely, Lalit Yadav who happens
to be the own brother-in-law of the petitioner. It is further
submitted that neither any recovery of any looted article has
been made from the petitioner nor any T.I. parade has been
conducted in this case rather looted articles have been recovered
from the possession of other co-accused persons. The petitioner
is in custody since 02.12.2025 and has got no criminal
antecedent. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by a Co-
ordinate Bench of this Court vide order dated 26.02.2026 passed
in Cr. Misc. No. 9155 of 2026.
5. Learned APP 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 and taking into account the period of custody
Patna High Court CR. MISC. No.10952 of 2026(2) dt.10-03-2026
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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
below/concerned Court in connection with Singhwara P.S. Case
No. 335 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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